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House
File
466
-
Introduced
HOUSE
FILE
466
BY
RINKER
A
BILL
FOR
An
Act
relating
to
contracts
between
a
publisher
and
a
library
1
for
electronic
literary
materials,
and
providing
civil
2
penalties.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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Section
1.
NEW
SECTION
.
554I.1
Definitions.
1
For
purposes
of
this
section,
unless
the
context
otherwise
2
requires:
3
1.
“Aggregator”
means
a
person
in
the
business
of
licensing
4
access
to
electronic
literary
material
collections,
including
5
from
multiple
publishers.
6
2.
“Borrower”
means
a
person,
including
another
library,
to
7
whom
a
library
loans
media
of
any
type.
8
3.
“Digital
audiobook”
means
a
sound
recording
of
a
reading
9
of
a
literary
production
that
has
been
converted
into,
or
10
published
in,
a
digital
audio
file
that
may
be
listened
to
on
11
an
electronic
device.
12
4.
“Electronic
book”
means
a
text
document
converted
into,
13
or
published
in,
a
digital
format
that
may
be
read
on
an
14
electronic
device.
15
5.
“Electronic
literary
material”
means
a
digital
audiobook
16
or
electronic
book.
17
6.
“Library”
means
a
public
library,
a
public
school
18
library,
a
tribal
library,
an
academic
library,
a
research
19
library,
public
archives,
or
the
state
library.
20
7.
“Loan”
means
the
transmission
by
a
library
to
a
borrower
21
of
a
copy
of
electronic
literary
materials
and
the
deletion
of
22
the
copy
of
the
electronic
literary
materials
by
the
library
at
23
a
time
determined
by
the
library.
24
8.
“Publisher”
means
a
person
in
the
business
of
25
manufacturing,
promulgating,
licensing,
or
selling
books,
26
audiobooks,
journals,
magazines,
newspapers,
or
other
27
literary
productions,
including
electronic
literary
materials.
28
“Publisher”
includes
an
aggregator
who
enters
into
a
contract
29
with
a
library
for
the
purpose
of
providing
materials
for
30
purchase
or
license
from
a
publisher.
31
Sec.
2.
NEW
SECTION
.
554I.2
Scope.
32
This
chapter
shall
apply
to
a
contract
or
license
agreement
33
offered,
entered
into,
or
renewed
by
a
publisher
for
the
34
license
of
electronic
literary
materials
to
a
library
in
the
35
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state
on
or
after
July
1,
2025.
1
Sec.
3.
NEW
SECTION
.
554I.3
Contract
or
license
2
requirements.
3
1.
A
contract
or
license
agreement
between
a
publisher
and
4
a
library
shall
not
preclude,
limit,
or
restrict
the
library
5
from
performing
customary
operational
or
lending
functions,
and
6
shall
not
contain
a
provision
that
does
any
of
the
following:
7
a.
Prohibits
the
library
from
loaning
certain
electronic
8
literary
materials,
including
through
an
interlibrary
loan
9
system.
10
b.
Restricts
the
length
of
time
a
library
may
loan
certain
11
electronic
literary
materials,
or
restricts
the
number
of
times
12
the
library
may
loan
certain
electronic
literary
materials
over
13
the
course
of
the
license
agreement.
14
c.
Limits
the
number
of
electronic
literary
material
15
licenses
the
library
may
purchase
on
the
same
date
the
16
electronic
literary
material
is
made
available
for
purchase
by
17
the
public.
18
d.
Prohibits
the
library
from
making
nonpublic
preservation
19
copies
of
electronic
literary
materials.
20
e.
Restricts
the
library
from
disclosing
the
terms
of
the
21
contract
or
license
agreement
to
any
other
library
in
the
22
state.
23
f.
Restricts
the
duration
of
the
contract
or
license
24
agreement
unless
the
publisher
has
also
offered
the
library
a
25
contract
or
license
agreement
that
is
any
of
the
following:
26
(1)
Based
on
a
pay-per-use
model.
27
(2)
Provides
for
the
perpetual
public
use
of
the
electronic
28
literary
material
upon
commercially
reasonable
terms
in
29
consideration
of
the
library’s
mission.
30
g.
Requires
the
library
to
violate
section
22.7.
31
2.
A
contract
or
license
agreement
between
a
publisher
and
a
32
library
may
require
any
of
the
following:
33
a.
A
limitation
on
the
number
of
borrowers
the
library
34
may
allow
to
have
simultaneous
access
to
certain
electronic
35
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literary
materials.
1
b.
The
library’s
reasonable
use
of
a
technological
2
protection
measure
that
prevents
a
borrower
from
doing
any
of
3
the
following:
4
(1)
Maintaining
access
to
certain
electronic
literary
5
materials
beyond
the
loan
period
specified
in
the
license.
6
(2)
Providing
another
person
with
access
to
certain
7
electronic
literary
materials.
8
Sec.
4.
NEW
SECTION
.
554I.4
Enforcement
——
penalties.
9
If
the
attorney
general
has
reasonable
belief
that
a
10
publisher
is
in
violation
of
this
chapter,
the
attorney
general
11
has
the
sole
authority
to
bring
civil
action
to
provide
for
all
12
of
the
following:
13
1.
Enjoinment
of
further
violations
by
the
publisher.
14
2.
Enforcement
of
compliance
with
this
chapter.
15
3.
Assessment
of
civil
penalties
in
an
amount
not
more
than
16
one
hundred
thousand
dollars.
17
4.
Other
remedies
permitted
under
law.
18
EXPLANATION
19
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
20
the
explanation’s
substance
by
the
members
of
the
general
assembly.
21
This
bill
relates
to
contracts
between
a
publisher
and
a
22
library
for
electronic
literary
materials.
23
The
bill
prohibits
a
contract
or
license
agreement
between
24
a
publisher
and
a
library
from
precluding,
limiting,
and
25
restricting
the
library
from
performing
customary
operational
26
or
lending
functions.
The
contract
or
license
agreement
27
shall
not
contain
a
provision
that
prohibits
the
library
from
28
loaning
electronic
literary
material
(material);
restricts
29
the
number
of
times
the
library
may
loan
material
over
the
30
course
of
the
license
agreement;
limits
the
number
of
material
31
licenses
the
library
may
purchase
on
the
same
date
the
material
32
is
made
available
for
purchase
by
the
public;
prohibits
the
33
library
from
making
nonpublic
preservation
copies
of
material;
34
restricts
the
library
from
disclosing
the
terms
of
the
contract
35
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or
license
agreement
to
another
library
in
the
state;
restricts
1
the
duration
of
the
contract
or
license
agreement
unless
the
2
publisher
has
also
offered
the
library
a
contract
or
license
3
agreement
that
is
either
based
on
a
pay-per-use
model
or
4
provides
for
the
perpetual
public
use
of
the
material;
and
5
requires
the
library
to
violate
the
provisions
of
Code
section
6
22.7.
“Borrower”,
“electronic
literary
material”,
“library”,
7
“loan”,
“loan
period”,
and
“publisher”
are
defined
in
the
bill.
8
The
bill
authorizes
a
contract
or
license
agreement
between
9
a
publisher
and
a
library
to
limit
the
number
of
borrowers
the
10
library
may
allow
to
have
simultaneous
access
to
material.
The
11
bill
also
authorizes
a
contract
or
license
agreement
between
a
12
publisher
and
a
library
to
require
the
library’s
reasonable
use
13
of
a
technological
protection
measure
that
prevents
a
borrower
14
from
maintaining
access
to
material
beyond
the
loan
period
15
specified
in
the
license,
or
from
providing
another
person
with
16
access
to
material.
17
The
bill
authorizes
the
attorney
general,
upon
reasonable
18
belief
that
a
publisher
is
in
violation
of
the
bill,
to
bring
19
civil
action
to
enjoin
further
violations
by
the
publisher,
20
enforce
compliance
with
the
bill,
assess
a
civil
penalty
not
to
21
exceed
$100,000
per
violation
of
the
bill,
and
to
obtain
other
22
remedies
permitted
under
law.
23
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