Tennessee 2023-2024 Regular Session

Tennessee Senate Bill SB2161

Caption

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

Impact

The bill would primarily affect the contracts that govern interactions between libraries and electronic book publishers. It introduces strict rules against provisions that would limit libraries from operational functions such as licensing, loan periods, and rights to make preservation copies. These changes are expected to enhance the libraries' capacity to administer their collections effectively and transparently, as well as facilitate the accessibility of digital resources to the public. The provisions also impose penalties for violations, which are designed to bolster compliance and accountability among publishers.

Summary

Senate Bill 2161 aims to amend Tennessee Code Annotated, Title 47, Chapter 18, specifically concerning electronic book contracts between libraries and publishers. The bill seeks to implement regulations that protect libraries from restrictive terms that could inhibit their ability to loan electronic literary materials effectively. By defining key terms and establishing requirements for contracts, the bill aims to create a more favorable environment for libraries to operate under, allowing them to maintain their mission to provide access to literary materials while upholding the rights of publishers.

Sentiment

Overall, the sentiment surrounding SB2161 appears to be positive among library advocates and consumer protection groups who view it as a necessary step to fortify access to educational materials. Supporters argue that the bill effectively addresses concerns about the negotiation leverage between smaller libraries and larger publishers. However, there may be reservations among publishers regarding the potential financial implications and operational challenges that compatibility with these regulations may bring.

Contention

Notable points of contention involve the balance between protecting library interests and ensuring fair compensation for publishers. Some may argue that stricter regulations could result in publishers restricting access to titles or increasing costs as a means of safeguarding their business interests. The bill also opens the door for legal actions by libraries or borrowers, which could lead to conflicts and litigation, raising concerns about its long-term practical implications.

Companion Bills

TN HB2737

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

Similar Bills

HI HB1412

Relating To Libraries.

HI HB1412

Relating To Libraries.

RI S2514

Provides for the legal governance of licensed electronic literacy materials.

RI H7508

Provides for the legal governance of licensed electronic literacy materials.

IA SF2320

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.)

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.

TN HB2737

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