New York's library e-book licensing bill vetoed as Maryland challenge looms

New York's library e-book licensing bill vetoed as Maryland challenge looms

The Association of American Publishers (AAP) has welcomed the decision by New York Governor Kathy Hochul to veto a bill that would have forced publishers and authors to grant e-book licences to libraries under state-imposed terms.

New York's State Assembly legislation was similar to a new law in Maryland which the AAP is currently challenging in court over concerns it will force publishers both in the US and abroad to license e-books to public libraries on “reasonable terms” defined by the state. A hearing on the challenge is set for February.

Vetoing the New York bill, Hochul wrote: “While the goal of this bill is laudable, unfortunately, copyright protection provides the author of a work with the exclusive right to their works. As such, federal 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 pre-empted by federal copyright law, I cannot support this bill.”

The AAP said the New York bill would have contravened the US Copyright Act and pointed out it included penalties for non-compliance, “effectively chilling copyright owners from pursuing the full benefit of their copyright interests and literary properties within the state”. 

AAP president Maria Pallante said: “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. 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."

She added: “The Governor has affirmed that New York has a deep appreciation and enduring respect for the cultural and economic contributions of authors and publishers, and a clear understanding that our public libraries also depend upon a vibrant creative economy.”