Connecticut 2023 Regular Session

Connecticut House Bill HB06800 Compare Versions

Version 1 (Old)

Version 2 (New)

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	3	+	LCO No. 3698 1 of 4
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7		-	General Assembly ~~Substitute~~ Bill No. 6800
	5	+	General Assembly Raised Bill No. 6800
8	6		January Session, 2023
	7	+	LCO No. 3698
9	8
	9	+
	10	+	Referred to Committee on PLANNING AND DEVELOPMENT
	11	+
	12	+
	13	+	Introduced by:
	14	+	(PD)
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14	19		AN ACT CONCERNING ELECTRONIC BOOK AND DIGITAL
15	20		AUDIOBOOK LICENSING.
16	21		Be it enacted by the Senate and House of Representatives in General
17	22		Assembly convened:
18	23
19		-	Section 1. (NEW) (Effective October 1, 2023) (a) As used in this 1
20		-	section: 2
21		-	(1) "Electronic literary material" means any digital audiobook or 3
22		-	electronic book; 4
23		-	(2) "Digital audiobook" means a sound recording of a reading of any 5
24		-	literary production that has been converted into or published in a 6
25		-	digital audio file that may be listened to on a computer or portable 7
26		-	electronic device; 8
27		-	(3) "Electronic book" means a text document converted into or 9
28		-	published in a digital format that may be read on a computer or 10
29		-	portable electronic device; 11
30		-	(4) "Portable electronic device" means any self-contained electronic 12
31		-	device for personal use for communicating, reading, viewing, 13
32		-	listening, playing video games or computing, including, but not 14
33		-	limited to, a mobile telephone, tablet computer, electronic book reader 15
34		-	and other similar devices; 16 Substitute Bill No. 6800
	24	+	Section 1. (NEW) (Effective October 1, 2023) (a) As used in this section: 1
	25	+	(1) "Electronic literary material" means any digital audiobook or 2
	26	+	electronic book; 3
	27	+	(2) "Digital audiobook" means a sound recording of a reading of any 4
	28	+	literary production that has been converted into or published in a digital 5
	29	+	audio file that may be listened to on a computer or portable electronic 6
	30	+	device; 7
	31	+	(3) "Electronic book" means a text document converted into or 8
	32	+	published in a digital format that may be read on a computer or portable 9
	33	+	electronic device; 10
	34	+	(4) "Portable electronic device" means any self-contained electronic 11
	35	+	device for personal use for communicating, reading, viewing, listening, 12
	36	+	playing video games or computing, including, but not limited to, a 13 Raised Bill No. 6800
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41		-	(5) "Library" includes any (A) public library; (B) public elementary 17
42		-	school or secondary school library; (C) tribal library; (D) academic 18
43		-	library; (E) research library; (F) public archive; and (G) the Connecticut 19
44		-	State Library; 20
45		-	(6) "Publisher" means any person in the business of the 21
46		-	manufacture, promulgation, license or sale of books, audiobooks, 22
47		-	journals, magazines, newspapers or other literary productions, 23
48		-	including those in the form of electronic literary materials, and 24
49		-	includes any aggregator who enters into a contract with any library for 25
50		-	the purpose of providing materials for purchase or license from any 26
51		-	publisher; 27
52		-	(7) "Aggregator" means any person in the business of licensing 28
53		-	access to electronic literary material collections that include electronic 29
54		-	literary material from multiple publishers; 30
55		-	(8) "Technological protection measure" means any technology that 31
	40	+	LCO No. 3698 2 of 4
	41	+
	42	+	mobile telephone, tablet computer, electronic book reader and other 14
	43	+	similar devices; 15
	44	+	(5) "Literary monograph" means a literary work that is published in 16
	45	+	one volume or a finite number of volumes; 17
	46	+	(6) "Library" includes any (A) public library; (B) public elementary 18
	47	+	school or secondary school library; (C) tribal library; (D) academic 19
	48	+	library; (E) research library; (F) public archive; and (G) the Connecticut 20
	49	+	State Library; 21
	50	+	(7) "Publisher" means any person in the business of the manufacture, 22
	51	+	promulgation, license or sale of books, audiobooks, journals, magazines, 23
	52	+	newspapers or other literary productions, including those in the form of 24
	53	+	electronic literary materials, and includes any aggregator who enters 25
	54	+	into a contract with any library for the purpose of providing materials 26
	55	+	for purchase or license from any publisher; 27
	56	+	(8) "Aggregator" means any person in the business of licensing access 28
	57	+	to electronic literary material collections that include electronic literary 29
	58	+	material from multiple publishers; 30
	59	+	(9) "Technological protection measure" means any technology that 31
56	60		enhances the security of loaning or circulating electronic literary 32
57	61		materials by a library; 33
58		-	(9) "Borrower" means any person or organization, including another 34
	62	+	(10) "Borrower" means any person or organization, including another 34
59	63		library, to whom a library loans media of any type; 35
60		-	(10) "Loan" means the creation and transmission by a library to a 36
61		-	borrower of a copy of any electronic library material and the deletion 37
62		-	of such copy by the library upon the expiration of the loan period; and 38
63		-	(11) "Loan period" means the time between the creation and 39
	64	+	(11) "Loan" means the creation and transmission by a library to a 36
	65	+	borrower of a copy of any electronic library material and the deletion of 37
	66	+	such copy by the library upon the expiration of the loan period; and 38
	67	+	(12) "Loan period" means the time between the creation and 39
64	68		transmission by a library to a borrower of a copy of any electronic 40
65	69		library material and the deletion of such copy by the library, as 41
66		-	determined by the library. 42
	70	+	determined by the library. 42 Raised Bill No. 6800
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	73	+
	74	+	LCO No. 3698 3 of 4
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67	76		(b) The provisions of this section shall apply to any contract offered, 43
68	77		entered into or renewed by a publisher for the license of any electronic 44
69		-	literary material to any library in the state on and after October 1, 2023. 45 Substitute Bill No. 6800
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	78	+	literary material to any library in the state on and after October 1, 2023. 45
76	79		(c) No contract or license agreement between any publisher and any 46
77	80		library in this state shall preclude, limit or restrict the library from 47
78	81		performing customary operational or lending functions, including any 48
79	82		provision that: 49
80		-	(1) Prohibits the library from loaning any electronic literary 50
81		-	~~material,~~ including through any interlibrary loan system; 51
	83	+	(1) Prohibits the library from loaning any electronic literary material, 50
	84	+	including through any interlibrary loan system; 51
82	85		(2) Restricts the number of times the library may loan any electronic 52
83	86		literary material over the course of the license agreement if such 53
84	87		agreement also restricts the library's loan period for electronic literary 54
85	88		material; 55
86	89		(3) Limits the number of electronic literary material licenses the 56
87	90		library may purchase on the same date such electronic literary material 57
88	91		is made available for purchase by the public; 58
89	92		(4) Prohibits the library from making nonpublic preservation copies 59
90	93		of any electronic literary material; 60
91	94		(5) Restricts the library from disclosing the terms of the license 61
92	95		agreement to any other library in the state; 62
93	96		(6) Restricts the duration of the license agreement unless the 63
94	97		publisher has also offered the library a license agreement (A) based on 64
95		-	a pay-per-use model, or (B) that provides for the perpetual public use 65
96		-	of the electronic literary material upon commercially reasonable terms 66
97		-	in consideration of the library's mission; or 67
	98	+	a pay-per-use model, or (B) that provides for the perpetual public use of 65
	99	+	the electronic literary material upon commercially reasonable terms in 66
	100	+	consideration of the library's mission; or 67
98	101		(7) Requires the library to violate the provisions of section 11-25 of 68
99	102		the general statutes. 69
100		-	(d) A contract or license agreement between a publisher and a 70
101		-	library may require: 71
102		-	(1) A limitation on the number of borrowers the library may allow 72
103		-	to have simultaneous access to any electronic literary material; or 73 Substitute Bill No. 6800
	103	+	(d) A contract or license agreement between a publisher and a library 70
	104	+	may require: 71 Raised Bill No. 6800
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	108	+	LCO No. 3698 4 of 4
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	110	+	(1) A limitation on the number of borrowers the library may allow to 72
	111	+	have simultaneous access to any electronic literary material; or 73
110	112		(2) The library's reasonable use of any technological protection 74
111	113		measure that prevents a borrower from: 75
112	114		(A) Maintaining access to any electronic literary material beyond the 76
113	115		access period specified in the license; and 77
114	116		(B) Providing other borrowers with access to any electronic literary 78
115	117		material. 79
116	118		(e) Any publisher that violates the provisions of this section shall 80
117	119		have committed an unfair trade practice under subsection (a) of section 81
118	120		42-110b of the general statutes. 82
119	121		(f) Any contract or license agreement concerning electronic literary 83
120		-	material that includes provisions prohibited by section (c) of this 84
121		-	~~section is~~ unconscionable within the meaning of section 42a-2-302 of 85
122		-	~~the general~~ statutes. 86
	122	+	material that includes provisions prohibited by section (c) of this act is 84
	123	+	unconscionable within the meaning of section 42a-2-302 of the general 85
	124	+	statutes. 86
123	125		This act shall take effect as follows and shall amend the following
124	126		sections:
125	127
126	128		Section 1 October 1, 2023 New section
127	129
128		-	PD Joint Favorable Subst.
	130	+	Statement of Purpose:
	131	+	To prohibit publishers of electronic books and digital audiobooks from
	132	+	including certain restrictions in contracts or license agreements with
	133	+	libraries in the state.
	134	+	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
	135	+	that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
	136	+	underlined.]
129	137