New York, June 14 (US): In a legal case that libraries and the publishing industry are closely watching, a federal judge in Maryland has struck down a state law requiring publishers to make e-books available “on reasonable terms” to libraries. It is also presented to the public.
The Association of American Publishers, the industry’s trade organization, claimed that the bill violated United States copyright law by allowing states to regulate publishing transactions. The Maryland law passed with overwhelming support a year ago and included provisions for fines of up to $10,000 and more, the AP reports.
Maryland District Judge Deborah L. Boardman issued her ruling Monday, four months after enforcing the Maryland law, writing at the time that the “practical effect” of the law would compel publishers “to bring their products to bookstores — whether they wanted to or not face civil enforcement action or criminal trial.”
The state effectively admitted in April, and the lawyers wrote that there was “no real disagreement about any material fact.”
But the Association of American Publishers was still seeking a permanent injunction. Boardman ruled on Monday that the injunction was unnecessary because the law was “unconstitutional and unenforceable.”
AAP President and CEO Maria Palante applauded Monday’s announcement, saying in a statement that Boardman made a “clear decision that protects the exclusive rights that form the basis of United States copyright law and the means by which authors and publishers make intellectual and economic contributions to society and the long-term public interest.”
Publishers and libraries have struggled for years to make e-books available to library-goers. Publishers have expressed concern that unlimited or near-unlimited access to free e-books from libraries will hurt sales and have responded by restricting their use and raising fees for libraries. The libraries emphasized that it was part of their mission to make books as accessible as possible and that encouraging reading, free or without, benefits everyone.
In New York last year, Gov. Cathy Hochhol vetoed a bill similar to Maryland’s that passed by wide margins in the state legislature. She wrote that “while the intent of this bill is commendable, unfortunately, copyright protection gives the author of a work the exclusive right to their work.”