: [POST-BROADCAST CORRECTION: This story incorrectly attributes a statement from Author’s Guild CEO Mary Rasenberger to the Author’s Guild. She was speaking on behalf of the coalition group referenced in the story that the Author’s Guild is a member of, Protect the Creative Economy.]
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For years, libraries have complained that e-books are too expensive. They follow a licensing model rather than a purchasing model, meaning that librarians have to keep paying for those e-books. Now legislators in a handful of states are trying to build momentum behind a new approach. In Seattle, KUOW's Clare McGrane explains.
CLARE MCGRANE, BYLINE: People in the Seattle area are big digital readers. According to Overdrive, which supplies libraries across the world with digital books, the county is ranked third globally for e-book and audiobook checkouts. But at the Seattle Public Library, this is a problem.
ELENA GUTIERREZ: Libraries often pay three to four times for the digital editions of the same exact books. Quite often, the e-audiobooks are even more expensive.
MCGRANE: Elena Gutierrez is the collection services manager at the library. She says when Britney Spears' memoir came out last year, the library spent over $60 on each digital copy.
GUTIERREZ: Whereas if you bought it, as an individual, it was $17.
MCGRANE: And that expensive license for the library only lasts two years before they have to pay again. Many librarians say it makes sense to charge more for digital books since you won't have to replace them. But charging more and limiting how long a library can use them - they say that isn't sustainable.
JONATHAN BAND: It's been a pain point for, you know, kind of at least 10 years, maybe longer.
MCGRANE: Jonathan Band is a copyright lawyer who works with library groups on this issue, including the American Library Association.
BAND: And then the question is, what do you do about it?
MCGRANE: Band says some libraries are opting to not carry digital versions of new releases, instead meeting popular demand with cheaper physical copies. But digital books are beloved. They're convenient and more accessible. That's why advocates have put forward blueprint legislation that seeks to regulate e-book licenses the same way states regulate other contracts that involve taxpayer money.
KYLE COURTNEY: Plenty of states regulate business involving all sorts of stuff, right?
MCGRANE: Kyle Courtney is a copyright lawyer at Harvard Library and founder of the nonprofit eBook Study Group, which designed the legislation. He says it's been introduced in nine states, including Tennessee, Connecticut and Hawaii.
COURTNEY: They put stuff out to bid. Who's going to build this road? Here's the seven things you have to do.
MCGRANE: Courtney says states could require publishers to offer the same price to libraries that they offer to individual consumers. The last time a state tried to regulate this industry was Maryland in 2021. A federal court said it violated copyright law because it banned publishers from selling books in Maryland altogether, unless they lowered prices for libraries. The new laws take a different approach, says Sandra Enimil, a lawyer for Yale Library.
SANDRA ENIMIL: It's not saying you can or cannot sell in this state. It's saying the contracts that you utilize need to have these terms.
MCGRANE: The Association of American Publishers sued over the Maryland bill but declined an interview for this story. A coalition group they're a member of also declined an interview but says on its website that the new proposed laws violate the U.S. Copyright Act. The Authors Guild is also opposed. Guild CEO Mary Rasenberger said in an emailed statement that the real issue is insufficient funding for libraries. Jonathan Band says this opposition may tank the legislation as lawmakers worry about legal challenges.
BAND: Even if they think that they would ultimately prevail, they're just not sure that they want that fight.
MCGRANE: Of the bills introduced so far, none have become law yet.
For NPR News, I'm Clare McGrane in Seattle.
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