Library Futures eBooks Policy Paper

Current eBook licensing practices are eradicating the central mission of libraries, with grave repercussions for equity and access to the world’s knowledge. The root of the issue is that while libraries buy print books in order to lend them to patrons, they can’t actually buy eBooks. Instead, they license the content from publishers. This means that publishers can set whatever terms they want in eBook licenses to libraries—or refuse to license them at all.

To mitigate the eBooks conundrum, Library Futures is recommending the adoption of state laws based on state contract law, state consumer protection, state procurement law, and contract preemption. The Library Futures model eBooks bill is based on the recent eBook legislation and resulting litigation, as outlined below. This model bill language is designed to nullify efforts by the publishers to use the threat of copyright and federal preemption lawsuits against the library community and the public, by harnessing the coercive power of the state to protect against harmful eBook contracts.