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| 2 | 2 | | SENATE DOCKET, NO. 69 FILED ON: 1/10/2023 |
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| 3 | 3 | | SENATE . . . . . . . . . . . . . . No. 2188 |
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| 4 | 4 | | The Commonwealth of Massachusetts |
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| 5 | 5 | | _________________ |
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| 6 | 6 | | PRESENTED BY: |
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| 7 | 7 | | Anne M. Gobi |
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| 8 | 8 | | _________________ |
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| 9 | 9 | | To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General |
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| 10 | 10 | | Court assembled: |
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| 11 | 11 | | The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill: |
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| 12 | 12 | | An Act modernizing library access to electronic books and digital audiobooks. |
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| 13 | 13 | | _______________ |
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| 14 | 14 | | PETITION OF: |
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| 15 | 15 | | NAME:DISTRICT/ADDRESS :Anne M. GobiWorcester and HampshireDanillo A. Sena37th Middlesex3/6/2023 1 of 3 |
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| 16 | 16 | | SENATE DOCKET, NO. 69 FILED ON: 1/10/2023 |
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| 17 | 17 | | SENATE . . . . . . . . . . . . . . No. 2188 |
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| 18 | 18 | | By Ms. Gobi, a petition (accompanied by bill, Senate, No. 2188) of Anne M. Gobi and Danillo |
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| 19 | 19 | | A. Sena for legislation to modernize library access to electronic books and digital audiobooks. |
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| 20 | 20 | | Tourism, Arts and Cultural Development. |
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| 21 | 21 | | [SIMILAR MATTER FILED IN PREVIOUS SESSION |
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| 22 | 22 | | SEE [Refile Branch], NO. OF 2021-2022.] |
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| 23 | 23 | | The Commonwealth of Massachusetts |
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| 24 | 24 | | _______________ |
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| 25 | 25 | | In the One Hundred and Ninety-Third General Court |
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| 26 | 26 | | (2023-2024) |
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| 27 | 27 | | _______________ |
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| 28 | 28 | | An Act modernizing library access to electronic books and digital audiobooks. |
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| 29 | 29 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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| 30 | 30 | | of the same, as follows: |
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| 31 | 31 | | 1 Chapter 78 of the General Laws is hereby amended by adding the following section:- |
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| 32 | 32 | | 2 Section 35. (a) As used in this section the following terms shall, unless the context clearly |
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| 33 | 33 | | 3requires otherwise, have the following meanings: |
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| 34 | 34 | | 4 "Digital audiobook", a published work that has been converted into a voice recording and |
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| 35 | 35 | | 5released in a digital audio file to be listened to on a computer, tablet, smart phone or electronic |
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| 36 | 36 | | 6device. |
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| 37 | 37 | | 7 "Electronic book", a text document that has been converted into or published in a digital |
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| 38 | 38 | | 8format that is read on a computer, tablet, smart phone or electronic device. 2 of 3 |
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| 39 | 39 | | 9 "Publisher", a person whose business is the manufacture, promulgation or sale of books, |
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| 40 | 40 | | 10electronic books, digital audiobooks, journals, magazines, newspapers or other literary |
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| 41 | 41 | | 11productions, including those in digital form consisting of text, audio recording, imagery or any |
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| 42 | 42 | | 12combination of text, audio recording and imagery. |
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| 43 | 43 | | 13 (b) Any publisher who offers to license electronic books and digital audiobooks to the |
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| 44 | 44 | | 14public shall offer to license the electronic books and digital audiobooks to libraries in the |
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| 45 | 45 | | 15commonwealth on reasonable terms that would permit the libraries to provide their users with |
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| 46 | 46 | | 16access to the electronic books and digital audiobooks. These licenses shall be available to all |
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| 47 | 47 | | 17types of libraries in the commonwealth, including, but not limited to, school libraries, public |
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| 48 | 48 | | 18libraries, academic libraries, and tribal libraries. |
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| 49 | 49 | | 19 Reasonable terms shall include: |
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| 50 | 50 | | 20 (i) A limitation on the number of users to whom the libraries may simultaneously provide |
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| 51 | 51 | | 21access to the electronic books or digital audiobooks; |
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| 52 | 52 | | 22 (ii) A limitation on the number of days the libraries may provide a user with access to the |
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| 53 | 53 | | 23electronic books or digital audiobooks; and |
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| 54 | 54 | | 24 (iii) The use of technological protection measures that would prevent a user from (1) |
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| 55 | 55 | | 25maintaining access to the electronic books or digital audiobooks beyond the access period set |
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| 56 | 56 | | 26forth in the license and (2) providing other users with access to the electronic books and digital |
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| 57 | 57 | | 27audiobooks. |
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| 58 | 58 | | 28 Reasonable terms shall not include a limitation on the number of licenses for electronic |
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| 59 | 59 | | 29books that libraries may purchase on the same date available to the public. 3 of 3 |
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| 60 | 60 | | 30 (c) A violation of this section shall be deemed an unfair and deceptive trade practice in |
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| 61 | 61 | | 31violation of section 2 of chapter 93A. |
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