Iowa Senate Bill SF2320

Iowa 2023-2024 Regular Session

• 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.