Rhode Island 2023 Regular Session

Rhode Island House Bill H5148 Compare Versions

Only one version of the bill is available at this time.

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5	5	2023 -- H 5148
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7	7	LC000142
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9	9	S T A T E O F R H O D E I S L A N D
10	10	IN GENERAL ASSEMBLY
11	11	JANUARY SESSION, A.D. 2023
12	12	____________
13	13
14	14	A N A C T
15	15	RELATING TO COMMERCI AL LAW -- GENERAL REGULATORY PROVISION S --
16	16	ELECTRONIC BOOK LICENSES TO LIBRARIES AND SCHOOLS
17	17	Introduced By: Representatives Carson, Cortvriend, Solomon, Caldwell, Speakman,
18	18	Morales, and Fogarty
19	19	Date Introduced: January 18, 2023
20	20	Referred To: House Innovation, Internet, & Technology
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23	23	It is enacted by the General Assembly as follows:
24	24	SECTION 1. Title 6 of the General Laws entitled "COMMERCIAL LAW - GENERAL 1
25	25	REGULATORY PROVISIONS" is hereby amended by adding thereto the following chapter: 2
26	26	CHAPTER 59 3
27	27	ELECTRONIC BOOK LICENSES TO LIBRARIES AND S CHOOLS 4
28	28	6-59-1. Short title. 5
29	29	This chapter shall be known and may be cited as "Electronic Book Licenses to Libraries 6
30	30	and Schools." 7
31	31	6-59-2. Definitions. 8
32	32	For purposes of this chapter, the following terms shall have the following meanings, unless 9
33	33	the context requires otherwise: 10
34	34	(1) "Digital audiobook" means a text document that has been recorded and released in a 11
35	35	digital audio file for listening on a computer, tablet, smart phone, or electronic device. 12
36	36	(2) "Electronic book" means a text document that has been converted into or published in 13
37	37	a digital format, including, but not limited to, all instructional materials utilized by students in 14
38	38	public and private schools and educational institutions, that are read on a computer, tablet, smart 15
39	39	phone, or electronic device. 16
40	40	(3) "Libraries" means all public and private libraries located at university and college 17
41	41	institutions, all public and private libraries with public access, and all public and private libraries 18
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45	45	located in schools and vocational and technical educational institutions. 1
46	46	(4) "Publisher" means one whose business is the manufacture, promulgation, and/or sale 2
47	47	of books, audiobooks, journals, magazines, newspapers, or other literary productions including 3
48	48	those in digital form consisting of text, narration, imagery or all three (3). 4
49	49	(5) "Reasonable technological protection measures" means any technology that enhances 5
50	50	the secure loaning and/or circulation by a library or school of an electronic book or digital 6
51	51	audiobook, including: 7
52	52	(i) Technology limiting the loan to a single patron at a time, for a limited period of time; 8
53	53	(ii) Technology that limits access to only one library patron or student at a time for each 9
54	54	acquired copy; and 10
55	55	(iii) Technology that prevents any reproduction of copies during the loan period. 11
56	56	6-59-3. License to libraries and schools. 12
57	57	Any publisher who offers a contract or license for acquisition of electronic books and 13
58	58	digital audiobooks to the public in Rhode Island shall offer to license such books to libraries and 14
59	59	to elementary and secondary schools and educational institutions in the state on reasonable terms 15
60	60	that would permit the libraries, schools and educational institutions to provide their users and 16
61	61	students with access to such electronic books. 17
62	62	(1) Such reasonable terms may include: 18
63	63	(i) A limitation on the number of patrons or students to whom the libraries or schools may 19
64	64	simultaneously provide access to the electronic books; 20
65	65	(ii) A limitation on the number of days the libraries and/or schools may provide a patron 21
66	66	or student with access to the electronic books; and 22
67	67	(iii) The use of technological protection measures that would prevent a patron or student 23
68	68	from: 24
69	69	(A) Maintaining access to the electronic books beyond the access period set forth in the 25
70	70	license; and 26
71	71	(B) Providing other users with access to the electronic books. 27
72	72	(2) Such reasonable terms shall not include a limitation on the number of licenses for 28
73	73	electronic books that libraries or schools may purchase on the same date available to the public. 29
74	74	(3) Such reasonable terms with respect to price may include providing access to one patron 30
75	75	at a time: 31
76	76	(i) At a price equivalent to the prevailing consumer price for a consumer license, when the 32
77	77	license to the library is for a fixed number of uses or fixed time period commencing on the date of 33
78	78	the first circulation of the ebook or digital audiobook; or 34
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82	82	(ii) At a price no more than two (2) times the prevailing consumer price for a consumer 1
83	83	license, when the license to the library is of unlimited duration and number of uses. 2
84	84	6-59-4. General provisions - Severability. 3
85	85	(a) Any publisher who offers a contract or license for acquisition of electronic books and 4
86	86	digital audiobooks to the public in this state shall be governed by Rhode Island law with respect to 5
87	87	the contract or license. 6
88	88	(b) Any license term that limits the rights of a library or school under the U.S. Copyright 7
89	89	Act shall not be enforceable. 8
90	90	(c) The provisions of this chapter are severable. If any provision of this chapter or its 9
91	91	application is held invalid, that invalidity shall not affect other provisions or applications that can 10
92	92	be given effect without the invalid provision or application. 11
93	93	6-59-5. Unfair and deceptive trade practice. 12
94	94	(a) A violation of this chapter shall be deemed an unfair and deceptive trade practice within 13
95	95	the meaning of chapter 13.1 of this title, and any remedy provided pursuant to chapter 13.1 of this 14
96	96	title shall be available for the enforcement of this chapter. 15
97	97	(b) Any publisher may seek the opinion of the attorney general for guidance on how to 16
98	98	comply with the provisions of this chapter or chapter 13.1 of this title. 17
99	99	SECTION 2. This act shall take effect upon passage. 18
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106	106	EXPLANATION
107	107	BY THE LEGISLATIVE COUNCIL
108	108	OF
109	109	A N A C T
110	110	RELATING TO COMMERCI AL LAW -- GENERAL REGULATORY P ROVISIONS --
111	111	ELECTRONIC BOOK LICENSES TO LIBRARIES AND SCHOOLS
112	112	***
113	113	This act would require publishers to provide electronic book licenses to libraries and 1
114	114	schools, when a publisher offers to license electronic books and digital audiobooks to the public in 2
115	115	Rhode Island, and to license such books to all public, private, academic and educational libraries 3
116	116	in the state on reasonable terms, permitting the libraries and schools to provide their users with 4
117	117	access to such electronic books. Any violation of the chapter would be deemed an unfair and 5
118	118	deceptive trade practice. 6
119	119	This act would take effect upon passage. 7
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