Relating to contracts between a publisher and a library for electronic literary materials, and providing civil penalties

This bill relates to contracts between a publisher and a library for electronic literary materials. The bill prohibits a contract or license agreement between a publisher and a library from precluding, limiting, and restricting the library from performing customary operational or lending functions.7. “Borrower”, “electronic literary material”, “library”, “loan”, “loan period”, and “publisher” are defined in the bill. The bill authorizes a contract or license agreement between a publisher and a library to limit the number of borrowers the library may allow to have simultaneous access to material. The bill also authorizes a contract or license agreement between a publisher and a library to require the library’s reasonable use of a technological protection measure that prevents a borrower from maintaining access to material beyond the loan period specified in the license, or from providing another person with access to material. The bill authorizes the attorney general, upon reasonable belief that a publisher is in violation of the bill, to bring civil action to enjoin further violations by the publisher, enforce compliance with the bill, assess a civil penalty not to exceed $100,000 per violation of the bill, and to obtain other remedies permitted under law.