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

   1. (1) "Aggregator" means any person in the business of licensing access to electronic literary material collections that include electronic literary material from multiple publishers.
   2. (2) "All access collection" mean a pre-packaged selection of electronic literary materials, including electronic books, digital audiobooks, magazines, comics, and graphic novels available simultaneously for patron usage for one flat fee.
   3. (3) "Borrower" means a person or organization, including another library, to whom the library loans media of any sort.
   4. (4) "Digital audiobook" means a sound recording of a reading of any literary material that has been converted into or published in a digital audio file that may be listened to on an electronic device.
   5. (5) "Electronic book" means a text document that has been converted into or published in a digital format that may be read on an electronic device.
   6. (6) "Electronic literary material" means any digital audiobook or electronic book.
   7. (7) "Library" means the District of Columbia Public Library.
   8. (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. (9) "Loan period" means the time period commencing with the library's creation and transmission of a copy of any electronic literary material to a borrower and concluding with the library's deletion of that copy,
   10. (10) "Publisher" means any person in the business of the manufacture, promulgation, license, or sale of books, audiobooks, journals, magazines, newspapers, or other 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. (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 educational materials, electronic books, digital audiobooks, and serialized stories.
   12. (12) "Technological protection measure" means any technology that enhances the security of loaning or circulating electronic literary materials by a library.
2. (b) Once per quarter, the Executive Director of the Library ("Director") shall report to the Board of Library Trustees ("Board") whether any states have enacted laws substantially similar to this section. If the Board determines that a law substantially similar to the provisions of this section has been enacted in 10 or more states, not including the District of Columbia, and the aggregate population of such states equals to at least 50 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").
3. (c) Not later than 30 days after the publication in the Register of the Board's determination under subsection (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.

4. (d) Beginning on the 60th day after publication in the Register of the Board's determination under subsection (b) of this section, the Library shall not enter into or renew any contract with a publisher that limits the Library's loaning of digital materials to borrowers, including any provision that:

   1. (1) Prohibits the Library from loaning any electronic literary material, including through any interlibrary loan system;
   2. (2) Restricts the number of times the Library may loan any electronic literary material over the course of the contract if such contract also restricts the library's loan period for electronic library material;
   3. (3) Limits the number of electronic literary material licenses the Library may purchase on the same date such electronic literary material is made available for purchase by the public;
   4. (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;
   5. (5) Restricts the Library from disclosing the terms of the contract or license agreement to any other library;

   6. (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 reasonable terms in consideration of the library's mission that either:

      1. (A) Is based on a pay-per-use model; or
      2. (B) Provides for the perpetual public use of the electronic literary material;
   7. (7) Provides that the contract is not severable from any provision within such contract that is found to be prohibited by this subsection; or
   8. (8) Allows the enforcement of any of the provisions prohibited by this subsection other than in a judicial forum.

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

   1. (1) Contains:

      1. (A) A limitation on the number of borrowers the Library may allow to have simultaneous access to any electronic literary material; or

      2. (B) A provision concerning the Library's reasonable use of any technological protection measure that prevents a borrower from:

         1. (i) Maintaining access to any electronic literary material beyond the access period specified in the contract or license agreement; or
         2. (ii) Providing other borrowers with access to any electronic literary material; or

   2. (2) Permits:

      1. (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 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;
      2. (B) The Library to provide patron access to a subscription-based literary platform; or
      3. (C) The Library to provide electronic literary materials via an all-access collection of materials; provided, that the contract does not restrict electronic literary material outside of the all-access collection under subsection (d) of this section.

History

June 3, 1896, 29 Stat. 244, ch. 315, § 18

July 18, 2026, D.C. Law 26-149, § 2