B 26-0490 — Library E-book Pricing Fairness Amendment Act of 2025

ENGROSSEDENROLLED ORIGINAL AAN BILLACT 3_________________________ 26-490 5 IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 7 _________________________ 9To amend An Act To establish and provide for the maintenance of a free public library and reading room in the District of Columbia to prohibit the District of Columbia Public Library from entering into or renewing licensing agreements with publishers of electronic literary materials that restrict District residents’ access to books.

“(a) For the purposes of this section, the term:

ENGROSSED ORIGINAL “(2) “All access collection” mean a pre-packaged selection of electronic literary materials, including but not limited to, electronic books, digital audiobooks, magazines, comics, and graphic novels available simultaneously for patron usage for one flat fee.

ENROLLED ORIGINAL “(8) “Loan” means the creation and transmission by a library to a borrower of a copy of any electronic literary material and the library’s removal of the borrower’s access to that copy upon the expiration of the loan period.

“(9) “Loan period” means the period of time period commencing with the library’s creation andtransmissionofacopyand ofanyelectronicliterarymaterialtoaborrowerandconcludingtransmission of a copy of any electronic literary material to a borrower and concluding with the library’s deletion of that copy, “(10) “Publisher” means any person in the business of the manufacture, promulgation, licenselicense, or sale of books, audiobooks, journals, magazines, newspapersnewspapers, or other ENGROSSED ORIGINAL literary materials, including those in the form of electronic literary materials, and includes any aggregator who enters into a contract with any library for the purpose of providing materials for purchase or license.

“(11) “Subscription-based literary platform” means any platform which charges users a recurring fee to gain ongoing access to a collection of literary content, including,including but not limited to, educational materials, electronic books, digital audiobooks, and serialized stories.

IftheBoardIf the Board determines that alawsubstantiallysimilartotheprovisionsa ofthislaw substantially similar to the provisions of this section has been enacted in ten10 or more states, not including the District of Columbia, and the aggregate population of such states equals to at least 50,000,00050 million people, as enumerated in the most recent United States decennial census, the Board shall direct the Director to publish notice of the Board’s determination in the District of Columbia Register (“Register”).

“(c) Not later than thirty30 days after the publication in the Register of the Board’s determination under subsection (b),(b) of this section, the Director shall electronically notify the Council of such determination and the date the requirements of subsection (d) of this section are projected to take effect.

“(d) Beginning on the sixtieth60th day after publication in the Register of the Board’s determination under subsection (b),(b) of this section, the Library shall not enter into or renew any contract with a ENGROSSED ORIGINAL publisher that limits the Library’s loaning of digital materials to borrowers, including any provision that:

ENROLLED ORIGINAL “(4) Requires the Library to acquire licenses for electronic literary materials at a price the Board finds to be unconscionable due to the gross disparity between the price of the electronic literary material sold or leased and the value of an electronic literary material measured by the price at which a similar electronic literary material is readily obtainable in transactions by like buyers;

“(6)Restrictsthedurationofthecontractorlicenseagreementforelectronicliterary“(6) Restricts the duration of the contract or license agreement for electronic literary material unless the library also has the option of a contract or license agreement on commercially ENGROSSED ORIGINAL reasonable terms in consideration of the library’s mission that eithereither: (A) is based on a pay-per-use model;

or“(A) (B)Is providesbased foron thea perpetualpay-per-use publicmodel; use of the electronic literary material;

or “(B) Provides for the perpetual public use of the electronic literary material;

“(e) Subsection (d) of this section shall not be construed to preclude the Library’s entrance into a contract with a publisher that:

“(A)Alimitationonthenumberofborrowers“(A) theLibraryA mayallowtohavelimitation on the number of borrowers the Library may allow to have simultaneous access to any electronic literary material;

“(A) The Library or District to arrange or participate in a local, regional, or nationwide event that requires simultaneous access by multiple patrons to the same electronic ENGROSSED ORIGINAL literary material, provided that the contract does not restrict electronic literary material other than the material that is the subject of the event under subsection (d) of this section;

or “(C) The Library to provide electronic literary materials via an allall-access access collection of materials,materials; provided that the contract does not restrict electronic literary material outside of the all access collection under subsection (d) of this section”.

Sec.provided, that the contract does not restrict electronic literary material outside of the all-access collection under subsection (d) of this section.”.

ENROLLED ORIGINAL Sec.

This act shall take effect after approval by the Mayor (or in the event of veto by the Mayor, action by the Council to override the veto),veto) and a 30-day period of congressional review as provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat.

___________________________________ Chairman Council of the District of Columbia _________________________________ Mayor District of Columbia 4