The E-Book Wars, State Legislation, and the Protection of Robust Library Collections

Law Library Journal (Forthcoming)

BYU Law Research Paper No. 23-09

71 Pages Posted: 30 Jun 2023 Last revised: 6 Feb 2024

See all articles by Iantha Haight

Iantha Haight

Howard W. Hunter Law Library

Annalee Hickman Pierson

Brigham Young University - J. Reuben Clark Law School

Date Written: June 29, 2023

Abstract

This Article reviews how the rise of licensing digital materials destroyed the protection libraries receive from the First Sale Doctrine and imperils library collections of the future. It describes the various government attempts to regulate the library e-book industry, including Maryland’s statute and the accompanying legal battle in AAP v. Frosh. This Article makes suggestions for lawmakers and library advocates regarding legislative action, attorney general lawsuits, and improved library advocacy training to protect future robust library collections and publishers’ rights.

Keywords: e-books, libraries, state legislation, publishers, First Sale Doctrine

Suggested Citation

Haight, Iantha and Hickman Pierson, Annalee, The E-Book Wars, State Legislation, and the Protection of Robust Library Collections (June 29, 2023). Law Library Journal (Forthcoming), BYU Law Research Paper No. 23-09, Available at SSRN: https://ssrn.com/abstract=4495698

Iantha Haight (Contact Author)

Howard W. Hunter Law Library ( email )

430 JRCB
Brigham Young University
Provo, UT 84602
United States

Annalee Hickman Pierson

Brigham Young University - J. Reuben Clark Law School ( email )

430 JRCB
Brigham Young University
Provo, UT 84602
United States

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