NY State Senate Bill 2025-S9339

Current Bill Status - In Senate Committee Libraries Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 03, 2026	referred to libraries

2025-S9339 (ACTIVE) - Details

See Assembly Version of this Bill:: A3589
Current Committee:: Senate Libraries
Law Section:: Education Law
Laws Affected:: Add §286, Ed L
Versions Introduced in 2023-2024 Legislative Session:: S6868, A10544

2025-S9339 (ACTIVE) - Summary

Protects library access to electronic literary materials by prohibiting certain restrictive provisions in contracts between publishers and libraries.

2025-S9339 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S9339

SPONSOR: MAY
 
TITLE OF BILL:

An act to amend the education law, in relation to protecting library
access to electronic literary materials

 
PURPOSE:

To ensure that libraries can license and lend electronic books and
digital audiobooks on terms consistent with their public mission.

 
SUMMARY OF PROVISIONS:

Section 1 adds a new section to the Education Law. It defines key terms,
establishes that publisher-library contracts are governed by New York
law, and voids any contract containing a prohibited provision. The
prohibited provisions apply only to licensing agreements for literary
monographs and do not apply to agreements with aggregators. The bill
prohibits contract terms that restrict libraries from lending, setting
loan periods, making preservation copies, participating in interlibrary

loan, or sharing contract terms with other libraries. Publishers may not
charge libraries more than the public price for the same title, cap the
number of licenses a library may acquire, or require libraries to
violate patron confidentiality law. Violations constitute unfair and
deceptive acts under the General Business. Law. Libraries, library offi-
cers, borrowers, and the Attorney General may bring enforcement actions.
Civil penalties run up to $2,500 per violation and $7,500 per inten-
tional violation. Publishers may seek AG guidance on compliance.

Section 2 is a severability clause.

Section 3 is the effective date.

 
JUSTIFICATION:

Libraries are not commercial buyers. They do not acquire books to resell
them or to profit from them. They acquire books to lend, to preserve,
and to make knowledge available to anyone who walks through the door.
That mission is educational and democratic in a way that has no real
parallel in the private market. It is why we fund libraries with public
money. It is why we build them in every community. And it is why
libraries have historically operated under different rules than other
buyers.

For physical books, those rules have worked. A library buys a copy and
lends it without restriction for as long as the book holds together.  No
caps on how many times it can go out. No expiration dates. No pricing
tiers based on the type of buyer. The system is straightforward because
it reflects what libraries actually are: institutions whose value to the
public depends entirely on their ability to provide access without arti-
ficial barriers.

Digital formats have disrupted that without any deliberate policy choice
to do so. Ebook licensing agreements developed in a commercial context,
designed for commercial buyers, and libraries have been left to negoti-
ate within a framework that was never built with them in mind. The
result has been contracts that cap lending, price the same title far
higher for a library than for an individual consumer, restrict interli-
brary loan, and impose confidentiality requirements that libraries
cannot legally honor. None of these terms would survive scrutiny if
applied to physical books. They persist in the digital context only
because the law has not caught up.

Meanwhile, digital materials have become central to how libraries serve
their communities. Ebooks and digital audiobooks reach patrons who
cannot get to a branch, seniors and people with disabilities for whom a
physical book is a genuine barrier, families without reliable transpor-
tation, and anyone who needs access outside of library hours.  For many
New Yorkers, the digital collection is the library.  Restricting it on
teilus that have no justification in the public interest is not a
neutral outcome. It is a policy choice, made by default, that falls
hardest on the people libraries exist to serve.

This bill makes a different choice. It establishes that contracts
between publishers and New York libraries must be compatible with the
public mission those libraries serve. It does not mandate specific terms
or interfere with copyright. It sets a floor: a set of provisions that
cannot appear in a library contract because they are fundamentally
inconsistent with what libraries are and what they do.  Fair terms mean
more titles in circulation, more patrons served, and a library system
that can fulfill the role the public has always expected of it.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2025-S9339 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9339
 
                             I N  S E N A T E
 
                               March 3, 2026
                                ___________
 
 Introduced  by  Sen.  MAY  --  read  twice and ordered printed, and when
   printed to be committed to the Committee on Libraries
 
 AN ACT to amend the education law, in  relation  to  protecting  library
   access to electronic literary materials
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. The education law is amended by adding a new section 286 to
 read as follows:
   § 286. ACCESS TO ELECTRONIC BOOKS AND DIGITAL AUDIOBOOKS. 1.  FOR  THE
 PURPOSES  OF  THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING
 MEANINGS:
   A. "DIGITAL AUDIOBOOK" MEANS A PUBLISHED WORK THAT IS IN THE FORM OF A
 VOICE RECORDING (NARRATED) AND IS RELEASED AS A DIGITAL AUDIO FILE;
   B. "ELECTRONIC BOOK" MEANS A PUBLISHED WORK THAT IS  IN  WRITTEN  FORM
 AND IS RELEASED AS A DIGITAL TEXT FILE;
   C.  "ELECTRONIC  LITERARY  MATERIALS"  MEANS DIGITAL AUDIOBOOKS AND/OR
 ELECTRONIC BOOKS;
   D. "LIBRARIES" INCLUDES:
   (1) PUBLIC LIBRARIES;
   (2) PUBLIC ELEMENTARY SCHOOL OR SECONDARY SCHOOL LIBRARIES;
   (3) TRIBAL LIBRARIES;
   (4) ACADEMIC LIBRARIES;
   (5) RESEARCH LIBRARIES; AND
   (6) ARCHIVES;
   E. "PUBLISHER" MEANS ONE WHOSE BUSINESS IS THE MANUFACTURE,  PROMULGA-
 TION,  LICENSE,  AND/OR  SALE OF BOOKS, AUDIOBOOKS, JOURNALS, MAGAZINES,
 NEWSPAPERS, OR OTHER LITERARY PRODUCTIONS INCLUDING THOSE IN THE FORM OF
 ELECTRONIC LITERARY MATERIALS;
   F. "AGGREGATOR" MEANS ONE WHOSE BUSINESS IS THE LICENSING OF ACCESS TO
 ELECTRONIC LITERARY MATERIAL COLLECTIONS THAT INCLUDE ELECTRONIC  LITER-
 ARY MATERIAL FROM MULTIPLE PUBLISHERS;
   G. "LITERARY MONOGRAPH" MEANS A LITERARY WORK THAT IS PUBLISHED IN ONE
 VOLUME OR A FINITE NUMBER OF VOLUMES;

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06715-01-5

 S. 9339                             2
 
   H.  "TECHNOLOGICAL  PROTECTION  MEASURES"  MEANS  ANY  TECHNOLOGY THAT
 ENHANCES THE SECURE LOANING AND/OR CIRCULATION BY A LIBRARY OF ELECTRON-
 IC LITERARY MATERIALS;
   I.  "BORROWER"  MEANS  A  PERSON  OR  ORGANIZATION,  INCLUDING ANOTHER
 LIBRARY, TO WHOM THE LIBRARY LOANS MEDIA OF ANY SORT;
   J. "VIRTUALLY" MEANS TRANSMITTED TO RECEIVING PARTIES VIA THE INTERNET
 IN SUCH A WAY THAT THE TRANSMISSION APPEARS IN FRONT  OF  THE  RECEIVING
 PARTIES ON A COMPUTER, TABLET, SMART PHONE, OR ELECTRONIC DEVICE;
   K. "LOAN" MEANS CREATE AND TRANSMIT TO A BORROWER A COPY OF ELECTRONIC
 LITERARY MATERIAL AND DELETE IT AT THE END OF THE LOAN PERIOD;
   L. "LOAN PERIOD" MEANS THE TIME BETWEEN THE TRANSMISSION OF ELECTRONIC
 LITERARY  MATERIAL TO A BORROWER AND THE COPIES' DELETION, AS DETERMINED
 BY ANY INDIVIDUAL LIBRARY.
   2. A. ANY CONTRACT OFFERED BY A PUBLISHER TO A LIBRARY LOCATED IN  THE
 STATE  FOR THE PURPOSES OF LICENSING ELECTRONIC LITERARY MATERIAL TO THE
 PUBLIC SHALL BE GOVERNED BY THE LAWS OF THIS STATE.
   B. ANY CONTRACT TO PURCHASE OR LICENSE ELECTRONIC  LITERARY  MATERIALS
 THAT  INCLUDES A PROHIBITED PROVISION AS ENUMERATED IN SUBDIVISION THREE
 OF THIS SECTION IS UNCONSCIONABLE  PURSUANT  TO  SECTION  2-302  OF  THE
 UNIFORM  COMMERCIAL CODE IN VIOLATION OF PUBLIC POLICY IN THIS STATE AND
 IS DEEMED UNENFORCEABLE AND VOID. ANY WAIVER OF THE PROVISIONS  OF  THIS
 SECTION  IS  CONTRARY TO PUBLIC POLICY AND SHALL BE DEEMED UNENFORCEABLE
 AND VOID.
   C. THE PROHIBITED PROVISIONS AS ENUMERATED  IN  SUBDIVISION  THREE  OF
 THIS  SECTION SHALL ONLY APPLY TO LICENSING AGREEMENTS GOVERNING THE USE
 OF LITERARY MONOGRAPHS.
   D. THE PROHIBITED PROVISIONS AS ENUMERATED  IN  SUBDIVISION  THREE  OF
 THIS  SECTION  SHALL NOT APPLY TO LICENSING AGREEMENTS BETWEEN LIBRARIES
 AND AGGREGATORS.
   3. A CONTRACT BETWEEN A LIBRARY AND A PUBLISHER TO PURCHASE OR LICENSE
 ELECTRONIC LITERARY MATERIAL SHALL NOT CONTAIN ANY PROVISION THAT:
   A. PRECLUDES, LIMITS, OR RESTRICTS THE LIBRARY FROM  PERFORMING  THEIR
 CORE MISSIONS, INCLUDING ANY PROVISION THAT:
   (1)  PRECLUDES,  LIMITS, OR RESTRICTS THE LIBRARY FROM LICENSING ELEC-
 TRONIC LITERARY MATERIALS;
   (2) BARS THE LIBRARY FROM LOANING  ELECTRONIC  LITERARY  MATERIALS  TO
 BORROWERS;
   (3)  RESTRICTS  OR  LIMITS  THE LIBRARY'S RIGHT TO LOAN THE ELECTRONIC
 LITERARY MATERIALS TO BORROWERS USING TECHNOLOGICAL PROTECTION MEASURES;
   (4) RESTRICTS OR LIMITS THE USE OF TECHNOLOGICAL  PROTECTION  MEASURES
 FOR LOANING THE WORK TO BORROWERS;
   (5) RESTRICTS OR LIMITS THE LIBRARY'S RIGHT TO MAKE NON-PUBLIC PRESER-
 VATION COPIES OF THE ELECTRONIC LITERARY MATERIALS;
   (6)  RESTRICTS OR LIMITS THE LIBRARY'S RIGHT TO LOAN ELECTRONIC LITER-
 ARY MATERIALS VIA INTERLIBRARY LOAN SYSTEMS; OR
   (7) RESTRICTS OR LIMITS THE LIBRARY'S ABILITY TO VIRTUALLY RECITE TEXT
 AND DISPLAY ARTWORK OF ANY MATERIALS TO LIBRARY PATRONS  SUCH  THAT  THE
 MATERIALS WOULD NOT HAVE THE SAME EDUCATIONAL UTILITY AS WHEN RECITED OR
 DISPLAYED AT A LIBRARY FACILITY.
   B.  RESTRICTS THE NUMBER OF LICENSES FOR ELECTRONIC LITERARY MATERIALS
 THAT THE LIBRARY MAY ACQUIRE AFTER THE SAME ITEM IS  MADE  AVAILABLE  TO
 THE PUBLIC;
   C. REQUIRES THE LIBRARY TO ACQUIRE A LICENSE FOR ANY ELECTRONIC LITER-
 ARY  MATERIAL AT A PRICE GREATER THAN THAT CHARGED TO THE PUBLIC FOR THE
 SAME ITEM;
 S. 9339                             3
 
   D. RESTRICTS  THE  LIBRARY'S  RIGHT  TO  DETERMINE  LOAN  PERIODS  FOR
 LICENSED ELECTRONIC LITERARY MATERIALS;
   E.  RESTRICTS  THE  TOTAL  NUMBER  OF  TIMES  THE LIBRARY MAY LOAN ANY
 LICENSED ELECTRONIC LITERARY MATERIALS OVER THE COURSE  OF  ANY  LICENSE
 AGREEMENT;
   F. RESTRICTS THE DURATION OF ANY LICENSING AGREEMENTS;
   G.  RESTRICTS  THE  LIBRARY  FROM  DISCLOSING ANY TERMS OF ITS LICENSE
 AGREEMENTS TO OTHER LIBRARIES; OR
   H. REQUIRES THE LIBRARY TO VIOLATE THE LAW  PROTECTING  THE  CONFIDEN-
 TIALITY  OF  A  PATRON'S  LIBRARY RECORDS PURSUANT TO SECTION FORTY-FIVE
 HUNDRED NINE OF THE CIVIL PRACTICE LAW AND RULES.
   4. A. ANY CONTRACT TO PURCHASE OR LICENSE ELECTRONIC LITERARY  MATERI-
 ALS  THAT INCLUDES A PROHIBITED PROVISION LISTED IN SUBDIVISION THREE OF
 THIS SECTION SHALL CONSTITUTE AN UNFAIR AND DECEPTIVE  ACT  PURSUANT  TO
 SECTION  THREE  HUNDRED  FORTY-NINE OF THE GENERAL BUSINESS LAW, AND ANY
 REMEDY PROVIDED PURSUANT TO ARTICLE TWENTY-TWO-A OF THE GENERAL BUSINESS
 LAW SHALL BE AVAILABLE FOR THE ENFORCEMENT OF THIS SECTION.
   B. ANY PUBLISHER MAY SEEK THE OPINION  OF  THE  ATTORNEY  GENERAL  FOR
 GUIDANCE ON HOW TO COMPLY WITH THE PROVISIONS OF THIS SECTION.
   C.  ACTIONS  FOR  RELIEF  PURSUANT  TO  THIS SECTION MAY BE BROUGHT BY
 LIBRARIES, LIBRARY OFFICERS, OR BORROWERS OR SHALL  BE  BROUGHT  BY  THE
 ATTORNEY GENERAL.
   D.  ANY PUBLISHER THAT VIOLATES ANY PROVISION OF THIS SECTION SHALL BE
 SUBJECT TO AN INJUNCTION AND LIABLE FOR A CIVIL PENALTY OF NOT MORE THAN
 TWO THOUSAND FIVE HUNDRED DOLLARS FOR EACH VIOLATION OR  SEVEN  THOUSAND
 FIVE  HUNDRED  DOLLARS  FOR EACH INTENTIONAL VIOLATION, TO BE IMPOSED BY
 THE COURT.
   § 2. Severability. If any clause,  sentence,  paragraph,  subdivision,
 section, or part of this act shall be adjudged by any court of competent
 jurisdiction  to  be invalid, such judgment shall not affect, impair, or
 invalidate the remainder thereof, but shall be confined in its operation
 to the clause, sentence, paragraph, subdivision, section, or part there-
 of directly involved in the controversy in  which  such  judgment  shall
 have been rendered. It is hereby declared to be the intent of the legis-
 lature  that  this  act  would  have  been  enacted even if such invalid
 provisions had not been included herein.
   § 3. This act shall take effect immediately.

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Senate Bill S9339

Sponsored By

Current Bill Status - In Senate Committee Libraries Committee

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2025-S9339 (ACTIVE) - Details

2025-S9339 (ACTIVE) - Summary

2025-S9339 (ACTIVE) - Sponsor Memo

2025-S9339 (ACTIVE) - Bill Text download pdf

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Sponsored By

Rachel May

Current Bill Status - In Senate Committee Libraries Committee

Actions

2025-S9339 (ACTIVE) - Details

2025-S9339 (ACTIVE) - Summary

2025-S9339 (ACTIVE) - Sponsor Memo

2025-S9339 (ACTIVE) - Bill Text download pdf

Comments