Challenge over Maryland library e-books law set for February

A law forcing publishers in the US and abroad to license e-books to the state's public libraries in the US state of Maryland is expected to come into effect as planned on 1st January 2022 after a court challenge was set for February.

The Association of American Publishers (AAP) has challenged the law, arguing that it is unconstitutional and would give libraries “unprecedented control” over basic copyright transactions. However, its hearing has been scheduled for 7th February 2022, after the law has already taken effect.

The law was originally passed in May and will force publishers to make e-books and audiobooks which can already be bought by Maryland consumers available to its public libraries on “reasonable terms” mandated by the state. 

Publishers Weekly reported that, following a status conference on 21st December, federal judge Deborah L Boardman has set a briefing schedule that will take the AAP's bid to block the law into February. 

Maryland state attorneys are due to file a consolidated motion by 14th January to dismiss the AAP's suit. The AAP reply is due by 28th January, with a remote hearing set for 7th February. 

This week, the Publishers Association in the UK and the Federation of European Publishers voiced their support for their American counterparts. Stephen Lotinga, c.e.o. of the PA, told The Bookseller he was "monitoring the situation closely", adding: "Publishers want to connect the books they publish with as many readers as possible and they work very closely with libraries to ensure print and digital access and availability. Copyright laws and licensing models exist to ensure that authors receive appropriate remuneration from their work and that publishers can continue to invest in them. The proposed Maryland law looks deeply problematic for both authors and publishers and it should be challenged.” 

A similar case has also arisen in New York, where a library e-book law was delivered for signature or veto by governor Kathy Hochul on 17th December. Publishers Weekly reported that Hochul has until 29th December to sign or veto the bill. If Hochul takes no action by then, the bill becomes law.

Like the Maryland law, the New York bill requires “publishers who offer to license e-books to the public” to also offer those e-books to libraries on “reasonable” terms. The AAP and Authors Guild have urged Hochul to veto the measure calling it "an unjustified attack" that would have "a significant negative impact on the economy and jobs" in New York.