New Jersey's Ebook Bill Introduced

Sen. Andrew Zwicker of New Jersey has introduced a bill that, if passed, would not only stand alone as an important step towards fair library digital content terms but would also “trigger” the new Connecticut law.

Thank you, Sen. Zwicker!

Andrew Albanese has provided a discussion on Words&Money, including thoughts from Kyle Courtney, who has been instrumental in advising on ebook legislation in many states. For still more on Mr. Courtney’s work, see eBook Study Group.

Albanese’s piece is worth a full read (disclosure—I am quoted in it). He cites Courtney thusly:

“New Jersey has taken the bold step to say that libraries—and the public they serve—deserve access to digital books under terms that reflect the essential role libraries play in preservation, access, and education,” Courtney told Words & Money. “It also safeguards interlibrary loan systems and allows for the creation of non-public preservation copies, ensuring that collections can be maintained without undue burden—or books simply 'disappearing' from the shelves.”

He notes that this bill is more aggressive in some ways than the Connecticut law:

While the bill will likely be amended as it progresses—if it progresses—it is at first glance a more aggressive bill than the one that passed in Connecticut, making it likely to draw strong opposition from the major publishers.

For example, New Jersey’s bill includes a provision that would bar New Jersey libraries from agreeing to prices “greater than that charged to the public for the same item.”

That would be a massive change, if adopted. Typically, library new release ebooks from the major publishers can cost libraries $65 or more for a metered license. According to the plain text of New Jersey’s bill, those prices would have to be closer to consumer prices, usually around $15, for libraries to license them.

Similar to Connecticut’s law, the New Jersey bill would also forbid libraries from entering into licenses that restrict the number of lends over the course of a license agreement [that is, metered either by time—say, one or two years—or by number of circulations, such as 26] unless the publisher also offers a perpetual access option “at a price which is considered reasonable and equitable” by the parties.

As always, RF wishes to thank the many medium-sized to Indie publishers who already offer terms acceptable under the CT law and NJ bill. Expect opposition of some sort from the Big 5 publishers. Expect, too, legislative action from still other states. Library digital content is increasingly unsustainable for most smaller and even some larger libraries. Legislators on both sides of the aisle get it. The current Big 5 terms do not make for responsible use of taxpayer dollars when compared to what we pay for print.