Kentucky 2023 Regular Session

Kentucky Senate Bill SB35

Introduced
1/4/23  
Refer
1/4/23  

Caption

AN ACT relating to electronic literary products.

Impact

The implementation of SB35 will fundamentally alter the relationship between publishers and libraries concerning electronic literary products. By establishing requirements for reasonable terms that publishers must offer, the bill seeks to ensure that libraries can lend these digital materials to patrons effectively. It posits limits on the number of circulations per license, the number of simultaneous users, and the duration for which patrons can access these products. This legislation aims to create a more equitable environment for library services while addressing the unique characteristics of electronic media.

Summary

SB35 is an act aimed at regulating the sale and distribution of electronic literary products, specifically digital audiobooks and e-books, to libraries. The bill mandates that any publisher distributing these electronic products must offer them to libraries under reasonable contract terms, ensuring libraries have fair access to the materials needed for public lending. This reflects a growing recognition of the importance of digital media in library collections and the need for libraries to adapt to changing technology in ways that maintain their mission of providing access to information.

Sentiment

The sentiment surrounding SB35 appears to be largely supportive among library advocates who view it as a necessary step toward ensuring that libraries are not disadvantaged in obtaining and providing electronic resources. Proponents argue that this bill will help to mitigate the barriers that have historically existed due to complex publishing agreements. However, there may be concerns among some publishers regarding the implications of mandated contractual obligations, potentially leading to disputes over what constitutes 'reasonable' terms.

Contention

Notable points of contention surrounding SB35 may include the balance of power between libraries and publishers in the evolving landscape of digital distribution. Critics argue that prescribed contract terms could impose additional operational challenges for publishers, possibly complicating their business models. Furthermore, there may be questions regarding enforcement of the provisions and whether they adequately address the varying needs of different libraries, depending on their size and resource availability. Thus, while the intent of the bill is to enhance access for libraries, its practical effects will require careful consideration and collaboration between stakeholders.

Companion Bills

No companion bills found.

Similar Bills

HI HB1412

Relating To Libraries.

HI HB1412

Relating To Libraries.

CT SB00148

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

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 HB05312

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

CT HB06829

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.)