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2026 -- S 2525 SUBSTITUTE A AS AMENDED
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STATE OF RHODE ISLAND
IN GENERAL ASSEMBLY
JANUARY SESSION, A.D. 2026
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A N A C T
RELATING TO COMMERCIAL LAW -- GENERAL REGULATORY PROVISIONS --
LIBRARY EBOOK CONTRACTS
Introduced By:
Senators McKenney, Murray, LaMountain, Gallo, Urso, and Zurier
Date Introduced:
February 13, 2026
Referred To:
Senate Education
It is enacted by the General Assembly as follows:
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SECTION 1. Title 6 of the General Laws entitled "COMMERCIAL LAW — GENERAL
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REGULATORY PROVISIONS" is hereby amended by adding thereto the following chapter:
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CHAPTER 13.4
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LIBRARY EBOOK CONTRACTS
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6-13.4-1. Definitions.
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As used in this chapter:
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(1) “Aggregator” means one whose business is the licensing of access to electronic literary
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material collections that include electronic literary material from multiple publishers;
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(2) “Borrower” means a person or organization, including another library, to whom the
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library loans electronic literary materials of any sort;
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(3) “Digital audiobook” means a published work that is in the form of a voice recording
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(narrated) and is released as a digital audio file;
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(4) “Electronic book” means a published work that is in written form and is released as a
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digital text file;
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(5) “Electronic literary materials” means digital audiobooks and/or electronic books;
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(6) “Libraries” or “Library” means any library, library system, or library consortium that
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serves the public or receives public funds from the State of Rhode Island or any political subdivision
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thereof. This includes, but is not limited to, public libraries; public elementary and secondary school
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libraries; tribal libraries; publicly supported academic and research libraries; special libraries that
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serve the public; library consortia administering public funds; talking book libraries; and archives.
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(7) “Literary monograph” means a literary work that is published in one volume or a finite
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number of volumes;
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(8) “Loan” means to create and transmit to a borrower a copy of electronic literary material
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and delete it at the end of the loan period;
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(9) “Loan period” means the time between the transmission of electronic literary material
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to a borrower and the copies’ deletion, as determined by any individual library.
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(10) “Portable electronic device” means any self-contained electronic device for personal
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use for communicating, reading, viewing, listening, playing video games, or computing, including
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a mobile telephone, tablet computer, electronic book reader, and other similar devices;
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(11) “Publisher" means one whose business is the manufacture, promulgation, license,
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and/or sale of books, audiobooks, journals, magazines, newspapers, or other literary productions
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including those in the form of electronic literary materials. For the purposes of this chapter the term
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“publisher” shall also include aggregators who enter into contracts with libraries for the purposes
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of providing materials for purchase or license from the publishers;
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(12) “Reasonable terms” means purchase or licensing specifications listed in § 6-13.4-2(b)
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that consider a publisher's business model as well as a library's need to continue its mission to
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provide access to materials and the efficient use of funds in providing library services.
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(13) “Technological protection measures” means any technology that ensures the secure
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loaning and/or circulation by a library of electronic literary materials;
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(14) “Virtually” means transmitted to receiving parties via the Internet in such a way that
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the transmission appears in front of the receiving parties on a computer, tablet, smart phone, or
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electronic device.
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6-13.4-2. Contracts between libraries and publishers.
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(a) Any contract between a publisher or aggregator and a library to license electronic
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literary materials to the public in this state shall be governed by Rhode Island law.
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(b) No contract or license agreement between any publisher and any library shall:
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(1) Preclude, limit, or restrict the library from performing customary operational functions,
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including any provision that:
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(i) Preclude, limit, or restrict the library from licensing electronic literary materials from
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publishers;
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(ii) Preclude, limit, or restrict the library’s ability to employ technological protection
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measures as is necessary to loan electronic literary materials;
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(iii) Preclude, limit, or restrict the library's right to make non-public preservation copies of
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the electronic literary materials;
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(iv) Preclude, limit, or restrict the library’s right to loan electronic literary materials via
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interlibrary loan systems; or
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(2) Preclude, limit, or restrict the library from performing customary lending functions,
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including any provision that:
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(i) Preclude, limit, or restrict the library from loaning electronic literary materials to
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borrowers;
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(ii) Restrict the library’s right to determine loan periods for licensed electronic literary
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materials;
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(iii) Require the library to acquire a license for any electronic literary material at a price
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greater than that charged to the public for the same item;
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(iv) Restrict the number of licenses for electronic literary materials that the library may
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acquire after the same item is made available to the public;
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(v) Require the library to pay a cost-per-circulation fee to loan electronic literary materials,
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unless substantially lower in aggregate than the cost of purchasing the item outright;
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(vi) Restrict the total number of times a library may loan any licensed electronic literary
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materials over the course of any license agreement, or restricts the duration of any license
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agreement; unless the publisher also offers a license agreement to libraries for perpetual public use
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without such restrictions, at a price which is considered reasonable and equitable as agreed to by
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both parties; or
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(vii) Restrict or limits the library’s ability to virtually recite text and display artwork of
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any materials to library patrons such that the materials would not have the same educational utility
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as when recited or displayed at a library facility.
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(3) Restrict the library from disclosing any terms of its license agreements to other
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libraries.
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(4) Require, coerce, or enable the library to violate the law protecting the confidentiality
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of a patron’s library records found in § 11-18-32.
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6-13.4-3. Remedies.
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(a) Unfair and deceptive acts or practices shall include:
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(1) Offers to license electronic literary materials to a library that include a prohibited
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provision set forth in § 6-13.4-2(b) constitute unfair methods of competition and unfair or deceptive
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acts or practices as defined in § 6-13.1-1.
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(2) Any remedy provided pursuant to §§ 6-13.1-8 and 6-13.1-14 shall be available for the
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enforcement of this chapter.
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(3) Actions for relief pursuant to this chapter may be brought by libraries, library officers,
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or borrowers, or, pursuant to § 6-13-6, by the attorney general. Enforcement of the provisions of
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this chapter shall be delayed until the attorney general determines and publishes notice that at least
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four (4) other states have enacted laws that establish enforceable limitations on contract terms for
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the licensing of electronic books or digital audiobooks to libraries that are substantially similar in
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purpose to this chapter, and that those states collectively represent a combined population of at least
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ten million (10,000,000) persons, as determined by the most recent United States decennial census.
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(4) Parties shall be enjoined from enforcing license agreements that include a prohibited
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provision set forth in § 6-13.4-2(b).
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(b) Contracts to license electronic literary materials to a library that include prohibited
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provisions set forth in § 6-13.4-2(b) are unconscionable within the meaning of § 6A-2-302 in
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violation of Rhode Island law and public policy and are deemed unenforceable. Any waiver of the
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provisions of this title is contrary to public policy and shall be deemed unenforceable and void.
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6-13.4-4. Severability.
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The provisions of this chapter are severable. If any provision of this chapter or its
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application is held invalid, that invalidity shall not affect other provisions or applications that can
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be given effect without the invalid provision or application.
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6-13.4-5. Existing contracts.
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Nothing in this chapter affects existing contracts that are currently in force providing
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libraries with electronic literary products from vendors and aggregators.
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SECTION 2. This act shall take effect upon the publication of notice by the attorney general
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that at least four (4) other states have enacted laws that establish enforceable limitations on contract
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terms for the licensing of electronic books or digital audiobooks to libraries that are substantially
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similar in purpose to this act, and that those states collectively represent a combined population of
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at least ten million (10,000,000) persons, as determined by the most recent United States decennial
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census.
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EXPLANATION
BY THE LEGISLATIVE COUNCIL
OF
A N A C T
RELATING TO COMMERCIAL LAW -- GENERAL REGULATORY PROVISIONS --
LIBRARY EBOOK CONTRACTS
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This act would establish enforcement limitations on contract terms for the licensing of
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electronic books or digital audiobooks to libraries to preclude the library from being subject to
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unfair sales practices. This act would not be enforceable until the attorney general determines and
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publishes notices that at least four (4) other states have enacted laws that establish enforcement
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limitations on contract terms for the licensing of electronic books or digital audiobooks to libraries.
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This act shall take effect upon the publication of notice by the attorney general that at least
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four (4) other states have enacted laws that establish enforceable limitations on contract terms for
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the licensing of electronic books or digital audiobooks to libraries that are substantially similar in
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purpose to this act, and that those states collectively represent a combined population of at least ten
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million (10,000,000) persons, as determined by the most recent United States decennial census.
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