New York S 9339: Protects library access to electronic literary materials

Bill Text

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S09339 Summary:

BILL NOS09339 

&nbsp

SAME ASSAME AS A03589

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SPONSORMAY

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COSPNSR

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MLTSPNSR

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Add §286, Ed L

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Protects library access to electronic literary materials by prohibiting certain restrictive provisions in contracts between publishers and libraries.

Go to top S09339 Actions:

BILL NOS09339 

&nbsp

03/03/2026REFERRED TO LIBRARIES

Go to topS09339 Committee&nbspVotes:

Go to topS09339 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS09339 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 9339

 IN SENATE

 March 3, 2026
 ___________

 Introduced by Sen. MAY -- read twice and ordered printed, and when
 printed to be committed to the Committee on Libraries

 AN ACT to amend the education law, in relation to protecting library
 access to electronic literary materials

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. The education law is amended by adding a new section 286 to
 2 read as follows:
 3 § 286. Access to electronic books and digital audiobooks. 1. For the
 4 purposes of this section, the following terms shall have the following
 5 meanings:
 6 a. "Digital audiobook" means a published work that is in the form of a
 7 voice recording (narrated) and is released as a digital audio file;
 8 b. "Electronic book" means a published work that is in written form
 9 and is released as a digital text file;
 10 c. "Electronic literary materials" means digital audiobooks and/or
 11 electronic books;
 12 d. "Libraries" includes:
 13 (1) public libraries;
 14 (2) public elementary school or secondary school libraries;
 15 (3) tribal libraries;
 16 (4) academic libraries;
 17 (5) research libraries; and
 18 (6) archives;
 19 e. "Publisher" means one whose business is the manufacture, promulga-
 20 tion, license, and/or sale of books, audiobooks, journals, magazines,
 21 newspapers, or other literary productions including those in the form of
 22 electronic literary materials;
 23 f. "Aggregator" means one whose business is the licensing of access to
 24 electronic literary material collections that include electronic liter-
 25 ary material from multiple publishers;
 26 g. "Literary monograph" means a literary work that is published in one
 27 volume or a finite number of volumes;

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD06715-01-5

 S. 9339 2

 1 h. "Technological protection measures" means any technology that
 2 enhances the secure loaning and/or circulation by a library of electron-
 3 ic literary materials;
 4 i. "Borrower" means a person or organization, including another
 5 library, to whom the library loans media of any sort;
 6 j. "Virtually" means transmitted to receiving parties via the internet
 7 in such a way that the transmission appears in front of the receiving
 8 parties on a computer, tablet, smart phone, or electronic device;
 9 k. "Loan" means create and transmit to a borrower a copy of electronic
 10 literary material and delete it at the end of the loan period;
 11 l. "Loan period" means the time between the transmission of electronic
 12 literary material to a borrower and the copies' deletion, as determined
 13 by any individual library.
 14 2. a. Any contract offered by a publisher to a library located in the
 15 state for the purposes of licensing electronic literary material to the
 16 public shall be governed by the laws of this state.
 17 b. Any contract to purchase or license electronic literary materials
 18 that includes a prohibited provision as enumerated in subdivision three
 19 of this section is unconscionable pursuant to section 2-302 of the
 20 uniform commercial code in violation of public policy in this state and
 21 is deemed unenforceable and void. Any waiver of the provisions of this
 22 section is contrary to public policy and shall be deemed unenforceable
 23 and void.
 24 c. The prohibited provisions as enumerated in subdivision three of
 25 this section shall only apply to licensing agreements governing the use
 26 of literary monographs.
 27 d. The prohibited provisions as enumerated in subdivision three of
 28 this section shall not apply to licensing