Iowa 2023-2024 Regular Session

Iowa Senate Bill SF2320

Introduced
2/14/24  

Caption

A bill for an act relating to contracts between a publisher and a library for electronic literary materials, and providing civil penalties.(Formerly SF 2230.)

Impact

The legislation significantly impacts library operations by securing their ability to lend electronic resources without arbitrary publisher-imposed restrictions. This would empower libraries across Iowa to adapt and serve their communities more effectively by enhancing access to educational and literary resources. As of July 1, 2024, any new or renewed agreements between publishers and libraries would need to comply with these regulations, thereby affecting the structure and terms of current publishing agreements.

Summary

Senate File 2320 aims to establish guidelines governing contracts between libraries and publishers of electronic literary materials. The bill seeks to prevent common restrictions that may hinder libraries' operational functions, ensuring they can perform their customary lending practices without undue limitation from publishers. Specifically, it prohibits contracts that restrict libraries from loaning electronic materials, limits on the number of borrowers, and any clauses that prevent libraries from making nonpublic preservation copies or sharing contract terms with other libraries.

Contention

One point of contention surrounding SF2320 could be the balance of power between publishers and libraries. While advocates argue that the bill strengthens libraries' abilities to serve their communities, publishers may contend that such restrictions undermine their rights to control the distribution and access to their materials. The bill also grants the attorney general enforcement authority, which includes the ability to impose civil penalties up to one hundred thousand dollars for violations, potentially creating friction between these parties and influencing the broader conversation on intellectual property rights and access to digital content.

Companion Bills

IA SF2230

Similar To A bill for an act relating to contracts between a publisher and a library for electronic literary materials, and providing civil penalties.(See SF 2320.)

Previously Filed As

IA SF2230

A bill for an act relating to contracts between a publisher and a library for electronic literary materials, and providing civil penalties.(See SF 2320.)

IA HF466

A bill for an act relating to contracts between a publisher and a library for electronic literary materials, and providing civil penalties.

IA HB4258

LIBRARY-PUBLISHER CONTRACTS

IA HB1342

Relative to the licensing of electronic literary materials by libraries.

IA S4520

Prohibits contracts for procurement and licensing of electronic literary materials from including certain provisions.

IA SB2161

AN ACT to amend Tennessee Code Annotated, Title 47, Chapter 18, relative to library electronic book contracts.

IA HB2737

AN ACT to amend Tennessee Code Annotated, Title 47, Chapter 18, relative to library electronic book contracts.

IA SB1528

Libraries; acquisition of books and other library matter, electronic literary material.

IA SB01234

An Act Prohibiting Libraries From Agreeing To Certain Terms In Electronic Book And Digital Audiobook License Agreements Or Contracts.

IA H7508

Provides for the legal governance of licensed electronic literacy materials.

Similar Bills

HI HB1412

Relating To Libraries.

HI HB1412

Relating To Libraries.

CT SB01234

An Act Prohibiting Libraries From Agreeing To Certain Terms In Electronic Book And Digital Audiobook License Agreements Or Contracts.

CT HB06958

An Act Making Certain Terms In Electronic Book And Digital Audiobook License Agreements Or Contracts Unenforceable.

CT SB00148

An Act Making Certain Terms In Electronic Book And Digital Audiobook License Agreements Or Contracts Unenforceable.

CT HB05312

An Act Making Certain Terms In Electronic Book And Digital Audiobook License Agreements Or Contracts Unenforceable.

IA SF2230

A bill for an act relating to contracts between a publisher and a library for electronic literary materials, and providing civil penalties.(See SF 2320.)

IA HF466

A bill for an act relating to contracts between a publisher and a library for electronic literary materials, and providing civil penalties.