Rhode Island law limits terms in library digital book contracts

The law bars publishers and aggregators from offering libraries contracts with certain terms. Covered libraries include public, school, tribal, and publicly supported libraries, as well as library systems and groups that serve the public or receive state or local public funds. The rules cover contracts to license digital books or audiobooks to the public in Rhode Island. Contracts already in force are not affected. These rules take effect when the attorney general publishes the required notice.

The law bars certain price and use limits in library digital book contracts. These limits cover library licenses for digital books and audiobooks. A per-loan fee is allowed only when its total cost is substantially lower than buying the item outright. Limits on total loans or contract length are allowed only if the publisher also offers an agreed, fair-priced license for ongoing public use without those limits. These rules take effect when the attorney general publishes the required notice.

Libraries, library officers, borrowers, and the attorney general may seek relief over prohibited contract terms. This applies to library contracts containing terms prohibited by the chapter. Contracts with prohibited terms are unenforceable, and parties may be barred from enforcing those terms. The attorney general must publish notice that at least four other states have enacted substantially similar laws and those states together have at least 10 million people. The law takes effect, and enforcement may begin, only after the attorney general publishes the required notice.