https://www.publishersweekly.com/pw/by-topic/digital/copyright/article/88205-hochul-vetoes-new-york-s-library-e-book-bill.html

[p]
[logo-trans]
[mobile]
Self-Publishing
[booklife-v]
Jobzone
The Millions
|
Login
Logout
|
Subscribe:
Login
Logout
SITE LICENSE ACCESS
[Search Publishers We]
[but]
#
#
#
#
#
ADVERTISEMENT
Home > Digital > Copyright

Hochul Vetoes New York's Library E-book Bill

by Andrew Albanese |
Dec 30, 2021

Just hours before it was set to become law, New York Governor Kathy
Hochul on December 29 vetoed New York's library e-book bill. The bill
is now back with the legislature, where it is tabled.

The veto comes despite strong grassroots support: in June, the bill
unanimously passed the New York Assembly 148-0, and passed the New
York State Senate 62-1. But the Association of American Publishers'
December 9 federal lawsuit seeking to block implementation of a
similar law in Maryland sparked concern in the governor's office. And
in her brief explanation of the veto, Hochul cited the AAP's
concerns.

"While the goal of this bill is laudable, unfortunately, copyright
protection provides the author of the work with the exclusive right
to their works," Hochul wrote. "As such the law would allow the
author, and only the author, to determine to whom they wish to share
their work and on what terms. Because the provisions of this bill are
preempted by federal copyright law, I cannot support this bill. These
bills are disapproved."

The New York bill was also opposed by a cohort of powerful New
York-based industry groups, including the AAP and the Authors Guild,
which urged Hochul to veto the measure in a recent letter, calling
the bill "an unjustified attack" that would have "a significant
negative impact on the economy and jobs" in New York.

"We thank Governor Hochul for taking decisive action to protect the
legal framework that has long incentivized the American private
sector to invest in, publish, and distribute original works of
authorship to the public, in service to society," said AAP president
and CEO Maria Pallante in a statement. "The bill that she vetoed was
rushed through the state legislature in response to a coordinated,
misinformation campaign, supported by Big Tech interests and lobbying
groups that are notorious for wanting to weaken copyright protections
for their own gain."

At press time, the New York Library Association did not have a
comment.

Meanwhile, despite Hochul's veto, the question of federal preemption
remains undecided. Maryland state attorneys are due to file a
consolidated motion by January 14 comprising their forthcoming motion
to dismiss the AAP's lawsuit against the Maryland law and their
motion in opposition to the AAP's bid for a preliminary injunction.
The AAP reply is due by January 28. A remote hearing is set for
February 7.

The AAP first filed suit against Maryland attorney general Brian
Frosh in federal court in Maryland on December 9, claiming that the
Maryland law is preempted by federal copyright law, among other
issues. And on December 16, AAP lawyers filed a subsequent motion for
a preliminary injunction, claiming the law would cause "immediate"
and "irreparable" harm if allowed to take effect.

The court's schedule, however, means that the Maryland law (which
passed the Maryland General Assembly unanimously) will take effect on
January 1, 2022 as set out in the law's text--though for how long
remains to be seen.

The library e-book bills come after a decade of tension in the
library e-book market, with librarians long complaining of
unsustainable, non-negotiable prices and restrictions on digital
licenses. Specifically, the bills emerged as a response to
Macmillan's controversial (and since abandoned) 2019 embargo on
frontlist e-books in libraries, which led library advocates to take
their concerns to state and federal legislators.

"This is a powerful moment for libraries," concluded a December, 2020
report on digital lending from the ALA's Joint Digital Content
Working Group. "If we cannot find ways to make our digital
collections robust and lasting, including a return to perpetual
access as an option, libraries will never be able to meet an
ever-increasing demand and provide equity to the communities we
serve."

Maryland became the first state to enact library e-book legislation,
with its bill passing the Maryland General Assembly unanimously on
March 10, 2021, and becoming law on June 1. New York followed suit,
passing a similar bill in June. A handful of other states are also
considering similar measures.

ADVERTISEMENT
More from pw
[53169-v2-109x]
The Best Books of 2021
[51805-v17-109x]
PW Picks: Books of the Week
[36663-v29-109x]
New Pub Dates for Forthcoming Books: 2021-22
[13476-v4-109x]
A Year In Reading: 2021
#
#
#
#
About Us| Contact Us| Submission Guidelines| Subscriber Services|
Advertising Info| Terms of Use| Privacy Policy| Do Not Sell| Calls
for Info| Editorial Calendar| Archives| Press| FAQ
(c) PWxyz, LLC. All rights reserved.
News
Obituaries
Book Deals
Financial Reporting
Page to Screen
Bookselling
Awards & Prizes
Publisher News
Comics
Business Deals
Shows & Events
Cooking
People
Religion
Audio Books
Manufacturing
Marketing
PW Tip Sheet
Licensing
U.S. Book Show
Reviews
Fiction
Mystery/Thriller
Sci-Fi/Fantasy/Horror
Romance/Erotica
Comics
Poetry
Inspirational Fiction
Nonfiction
Lifestyle
Religion
Children's
Web Exclusive
BookLife
Bestsellers
Bio & Autobio
Children's Frontlist Fiction
Children's Picture Books
Comics
Fantasy
Food & Drink
Hardcover Frontlist Fiction
Hardcover Frontlist Nonfiction
History & Poli-Sci
Mass Market Frontlist
Mystery
Religion Fiction
Religion Nonfiction
Romance
Science Fiction
Top 10 Overall
Trade Paper Frontlist
Children's
Authors
Book News
Industry News
Authors
Profiles
Interviews
Why I Write
BookLife
Announcements
Adult Announcements
Children's Announcements
Religion Listings
On-Sale Calendar
Galley Talk
Digital
Devices
Copyright
Retailing
Conferences
Content / e-books
Apps
Digital Marketplace


The Roundup
International
Deals
News
Trade Shows
Frankfurt Book Fair
London Book Fair
New York Rights Fair
Sharjah Book Fair
China Showcase
Translation Database


Job Zone
Job Moves
Opinion
ShelfTalker
Soapbox
Editorials
Common Core
Open Book
[logo-pwxyz]
X
Stay ahead with
Tip Sheet!
Free newsletter: the hottest new books, features and more

[Email address       ] [huffpo-si]

X
X
[loading]

Loading...

Email Address
[                    ]

Password
[                    ]

Log In Forgot Password
Premium online access is only available to PW subscribers. If you
have an active subscription and need to set up or change your
password, please click here.

New to PW? To set up immediate access, click here.

NOTE: If you had a previous PW subscription, click here to reactivate
your immediate access. PW site license members have access to PW's
subscriber-only website content. If working at an office location and
you are not "logged in", simply close and relaunch your preferred
browser. For off-site access, click here. To find out more about PW's
site license subscription options, please email Mike Popalardo at:
mike@nextstepsmarketing.com.
Thank you for visiting Publishers Weekly. There are 3 possible
reasons you were unable to login and get access our premium online
pages.

 1. You are NOT a current subscriber to Publishers Weekly magazine.
    To get immediate access to all of our Premium Digital Content try
    a monthly subscription for as little as $15 per month. You may
    cancel at any time with no questions asked. Click here for
    details about Publishers Weekly's monthly subscription plans.
 2. You are a subscriber but you have not yet set up your account for
    premium online access.
    Contact customer service (see details below) to add your
    preferred email address and password to your account.
 3. You forgot your password and you need to retrieve it.
    Click here to retrieve reset your password.

Customer Service

If you have questions, contact:

Email: PWhelp@omeda.com

Call:1-800 -278-2991 (outside US/Canada, call +1-847-513-6135) 8:00
am - 4:30 pm, Monday-Friday (Central)
To subscribe: click here.
Quantcast *