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Old 11-25-2025, 06:29 PM   #1
John F
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Connecticut Passes Landmark Ebook Bill

Old news, but I don't recall it being mentioned.

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Last week, lawmakers in Connecticut passed a landmark bill to regulate the sale of econtent to libraries. The bill was based on the Library Futures Model Ebook Legislation, released in 2020. ...
https://www.libraryfutures.net/post/...ut-ebook-bill/
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Old 11-25-2025, 09:34 PM   #2
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In case anyone is wondering, this is what the bill does:

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After the governor signs, publishers will no longer be able to
  • Prohibit libraries from lending ebooks on their own terms,, including via interlibrary loan
  • Restrict license terms or checkout limits during the term of a license without offering agreements on “commercially reasonable terms” that align with the library mission
  • Limit when libraries can buy an ebook license or how many licenses they can buy
  • Prohibit libraries from making preservation copies
  • Require libraries to violate patron confidentiality
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Old 11-25-2025, 10:23 PM   #3
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Unfortunately it doesn't actually do anything right now. It doesn't take effect until more states pass similar legislation, but it's a start, anyway.
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Old Yesterday, 01:58 PM   #4
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How does that trump contract law?
What is tells me is, If the CONTRACT has those restrictions, the LIBRARY can not buy those books. and as the last poster alluded, until enough Libraries join this movement and the publisher have lost enough CUSTOMERS, they ain't goin'a change.
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Old Yesterday, 04:03 PM   #5
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Quote:
Originally Posted by theducks View Post
How does that trump contract law?
What is tells me is, If the CONTRACT has those restrictions, the LIBRARY can not buy those books. and as the last poster alluded, until enough Libraries join this movement and the publisher have lost enough CUSTOMERS, they ain't goin'a change.
The contract can't have those restrictions if it is against the to have those restrictions?

I would guess that laws supersede contract law? If the law states slavery is illegal , and a contract says your first born will become the property of some one, that would be illegal?

IANACL
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Old Yesterday, 04:45 PM   #6
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Short Legal Digression: Some clauses in a contract under the laws of most US states are simply unenforceable. For example, a contract can not call for a fixed dollar penalty on breach unless the number is a "reasonable estimate of expected damages". Similarly, in many places (including New York City), a residential lease can not excuse the landlord's negligence. Nonetheless, for many years the NYC standard rental agreement did have such a clause.

That said, the actual Ct. legislation simply prohibits a library from entering into a agreement with a proscribed provision. The relevant text reads: "no library in the state shall enter into or renew any contract or license agreement with a
publisher that ...."
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Old Yesterday, 06:21 PM   #7
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Quote:
Originally Posted by John F View Post
The contract can't have those restrictions if it is against the to have those restrictions?

I would guess that laws supersede contract law? If the law states slavery is illegal , and a contract says your first born will become the property of some one, that would be illegal?

IANACL
But you also can't change the EXISTING contract retroactively just by passing a law. The law may only be grounds for renegotiation of the remaining period (NAL here).
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Old Yesterday, 07:32 PM   #8
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The governor signed the bill:

https://portal.ct.gov/governor/-/med...2d5aed560da2ce

This is headed with the word "SUMMARY," but it looks to me to be the full text:

https://www.cga.ct.gov/2025/sum/pdf/...-01234-SUM.pdf

It only applies to new or renewed contracts (and as noted before, only applies if enough states enact similar legislation).

If only a few smallish states enact this, I suppose that Overdrive and competitors have the option of refusing to do business in those states. They also could charge libraries higher prices in those states.
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