Illinois General Assembly - Full Text of SB3167
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Full Text of SB3167  102nd General Assembly

SB3167 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB3167

 

Introduced 1/12/2022, by Sen. Rachelle Crowe

 

SYNOPSIS AS INTRODUCED:
 
New Act

    Creates the Equitable Access to Electronic Literature Act. Provides that any publisher who offers a contract or license for electronic literary product acquisition to the public shall offer to license the electronic literary product to libraries, if purchased with public funds, on reasonable terms and under reasonable technological protection measures that will permit libraries to provide their patrons with access to the electronic literary products. Provides that a contract or license shall not restrict a library's right or ability to loan or circulate electronic books and digital audiobooks in specified ways. Provides that a person who violates the provisions of the Act commits an unlawful practice within the meaning of the Consumer Fraud and Deceptive Business Practices Act. Effective January 1, 2023.


LRB102 22505 SPS 31646 b

 

 

A BILL FOR

 

SB3167LRB102 22505 SPS 31646 b

1    AN ACT concerning business.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Short title. This Act may be cited as the
5Equitable Access to Electronic Literature Act.
 
6    Section 5. Definitions. As used in this Act:
7    "Digital audiobook" means a published work that has been
8converted into a voice recording and released in a digital
9audio file for listening on a computer, tablet, smart phone,
10or any other electronic device.
11    "Electronic book" means a text document that has been
12converted into or published in a digital format that is read on
13a computer, tablet, smart phone, or any other electronic
14device.
15    "Electronic literary product" means a digital audiobook or
16an electronic book.
17    "Public funds" means any money received or spent by a
18library from appropriations, taxes, fees, donations, or
19interest.
20    "Publisher" means one whose business is the manufacture,
21promulgation, or sale of books, audiobooks, or other literary
22productions, including those in digital form consisting of
23text, narration, or imagery.

 

 

SB3167- 2 -LRB102 22505 SPS 31646 b

1    "Reasonable technological protection measures" means any
2technology that enhances the secure loaning or circulation by
3a library of an electronic literary product.
4    "Reasonable terms" means licensing specifications that
5consider publishers' business models as well as libraries'
6efficient use of public funds and their mission to provide
7equitable access to information and creative works.
 
8    Section 10. Library licenses. Any publisher who offers a
9contract or license for electronic literary product
10acquisition to the public shall offer to license the
11electronic literary product to libraries, if purchased with
12public funds, on reasonable terms and under reasonable
13technological protection measures that will permit libraries
14to provide their patrons with access to the electronic
15literary products.
16        (1) Such reasonable terms may include:
17            (i) limiting the number of total circulations of
18        an electronic literary product per license, in which
19        case the price to libraries shall be no more than 100%
20        of the list (retail) price offered to consumers;
21            (ii) limiting the number of users to whom
22        libraries may simultaneously provide access to
23        electronic literary products; and
24            (iii) limiting the number of days libraries may
25        provide a user with access to electronic literary

 

 

SB3167- 3 -LRB102 22505 SPS 31646 b

1        products.
2        (2) Such reasonable technological measures may include
3    those to:
4            (i) prevent a user from maintaining access and
5        providing other users with access to electronic
6        literary products beyond the access period set forth
7        in the license;
8            (ii) limit the loan to a single patron at a time or
9        for a limited period of time for more than one patron;
10        and
11            (iii) prevent any reproduction of copies during
12        the loan period.
 
13    Section 15. Prohibited contract provisions.
14    (a) A contract or license shall contain no provision that:
15        (1) restricts or limits a library's right or ability
16    to loan or circulate electronic books and digital
17    audiobooks to patrons using reasonable technological
18    protection measures;
19        (2) restricts or limits a library's right to make
20    non-public preservation copies of electronic books or
21    digital audiobooks;
22        (3) restricts or limits the use of reasonable
23    technological protection measures for circulating books to
24    patrons; or
25        (4) restricts the number of licenses for electronic

 

 

SB3167- 4 -LRB102 22505 SPS 31646 b

1    books or digital audiobooks that libraries may purchase on
2    the same date available to the public.
3    (b) The inclusion of a contract provision that violates
4this Section shall constitute a violation of this Act.
 
5    Section 20. Violation and penalties. A person who violates
6the provisions of this Act commits an unlawful practice within
7the meaning of the Consumer Fraud and Deceptive Business
8Practices Act. A person who violates a provision of this Act
9commits a business offense and may be fined not less than
10$1,000 nor more than $5,000 for the first offense, and not less
11than $1,500 nor more than $5,000 for the second and each
12subsequent offense.
 
13    Section 99. Effective date. This Act takes effect January
141, 2023.