Tennessee 2023-2024 Regular Session

Tennessee House Bill HB2737

Introduced
1/31/24  

Caption

AN ACT to amend Tennessee Code Annotated, Title 47, Chapter 18, relative to library electronic book contracts.

Impact

The bill introduces a series of provisions that prevent publishers from imposing overly restrictive terms on libraries regarding the licensing of electronic materials. Specifically, it prohibits any contract that might limit a library’s ability to loan materials, set loan periods, or disclose contract terms. This legislative change is significant as it aims to protect the operational integrity of libraries, empowering them to serve their patrons without the hindrance of unfair contractual obligations. The implications of this bill may facilitate the enhancement of digital lending practices across the state.

Summary

House Bill 2737 seeks to amend the Tennessee Code Annotated, specifically in Title 47, Chapter 18, by introducing regulations governing contracts between libraries and electronic book publishers. This bill addresses the rights and responsibilities involved in lending electronic literary materials, including digital audiobooks and e-books. It aims to ensure that libraries can continue to provide access to these materials in a manner consistent with their operational functions and the legal framework regarding consumer protections.

Contention

Controversy surrounding HB2737 may arise due to the balance of power it establishes between libraries and publishers. While proponents argue that the bill is essential for promoting equitable access to electronic materials, publishers may contend that such regulations could undermine their business models by limiting their ability to enforce licensing agreements. The tension between enhancing public access to information and protecting the commercial interests of publishers is likely to be a focal point of debate as the bill progresses through the legislative process.

Companion Bills

TN SB2161

Crossfiled AN ACT to amend Tennessee Code Annotated, Title 47, Chapter 18, relative to library electronic book contracts.

Similar Bills

HI HB2577

Relating To Licensing Of Electronic Literary Material.

NJ S1674

Prohibits contracts for procurement and licensing of electronic literary materials from including certain provisions.

NJ A4956

Prohibits contracts for procurement and licensing of electronic literary materials from including certain provisions.

DC B26-0490

Library E-book Pricing Fairness Amendment Act of 2025

CT SB01234

An Act Prohibiting Libraries From Agreeing To Certain Terms In Electronic Book And Digital Audiobook License Agreements Or Contracts.

CT HB06958

An Act Making Certain Terms In Electronic Book And Digital Audiobook License Agreements Or Contracts Unenforceable.

IA HF466

A bill for an act relating to contracts between a publisher and a library for electronic literary materials, and providing civil penalties.

RI S2525

Establishes enforcement limitations on contract terms for the licensing of electronic books or digital audiobooks to libraries to preclude the library from being subject to unfair sales practices.