Amends TCA Title 47, Chapter 18.

This bill provides that a contract between a publisher and a library to license electronic literary materials to the public in this state is governed by the law of this state. As used in this bill, a "library" means a public library, public elementary school or secondary school library, tribal library, academic library, research library, special library, consortium library system, talking book library, or archive.<br /> <br /> This bill prohibits a contract or license agreement between a publisher and a library in this state from doing the following:<br /> <br /> (1) Precluding, limiting, or restricting the library from performing customary operational functions, including a provision that precludes, limits, or restricts (i) the library from licensing electronic literary materials from a publisher; (ii) the library's ability to employ technological protection measures as is necessary to loan electronic literary materials; (iii) the library's right to make nonpublic preservation copies of the electronic literary materials; or (iv) the library's right to loan electronic literary materials via interlibrary loan systems; or<br /> <br /> (2) Precluding, limiting, or restricting the library from performing customary lending functions;<br /> <br /> (3) Restricting the library from disclosing any terms of its license agreements to other libraries; or<br /> <br /> (4) Requiring, coercing, or enabling the library to violate the requirements related to confidentiality of a patron's library records under state law.<br /> <br /> REMEDIES<br /> <br /> This bill provides that a publisher's violation of this bill constitutes a violation of the Tennessee Consumer Protection Act of 1977 and subjects the publisher to the penalties and remedies as provided in that Act. Additionally, the attorney general may seek a civil penalty for a violation of not more than $5,000. Court costs and litigation costs related to an action brought pursuant to this bill must not be taxed against the state.<br /> <br /> In addition to enforcement by the attorney general, this bill authorizes a library, employee of a library, or borrower who uses a library's services to bring an action in the chancery or circuit court of Davidson County or in a court of competent jurisdiction. If a court finds that a person or organization has violated this bill, then the court must award $10,000, or $5,000 for each day of an ongoing violation, whichever is greater, and reasonable court costs, including reasonable attorneys' fees.<br /> <br /> VOID CONTRACTS<br /> <br /> This bill provides that a contract or other agreement between a publisher and a library that includes a provision prohibited under this bill is void and unenforceable. A contract or other agreement between a publisher and a library must not waive the requirements of this bill, and any such contract or agreement that purports to waive the requirements is void and unenforceable.<br /> <br /> APPLICABILITY<br /> <br /> This bill does not affect existing contracts that provide libraries with electronic literary products from publishers or aggregators until such contracts are renewed or amended.<br />