In digital-first era, NJ librarians demand more affordable e-books

This article was originally published by New Jersey Monitor.

New Jersey librarians and lawmakers who joined forces to fight book-banners a few years ago have a new target: publishers whose restrictive e-book licensing agreements have shrunk digital access for library users.

Public libraries pay more for e-books than regular customers and must license them over and over, because publishers cap checkouts and only provide access for a year or two instead of selling the books outright as they do for printed versions, said Jennie Pu, director of Hoboken Public Library. That creates lengthy wait times and can drain library resources from other needs, Pu said.

“In very simple terms, libraries are spending more public dollars for temporary access to the same materials,” Pu said. “Five publishers control over 90% of high-demand e-books and audiobooks, and they set the terms. Libraries can’t go to a competitor for the latest bestseller — there’s only one publisher that sells it. So we pay what they charge, and the prices and terms keep getting worse. Patrons wait months for popular titles not because we aren’t spending enough, but because we’re paying three to five times the consumer price for licenses that expire.”

Such practices would become a violation of New Jersey’s consumer fraud law under a bill Sen. Andrew Zwicker (D-Middlesex) introduced last month. Zwicker led the push in 2024 to limit book bans in public schools and libraries and protect librarians from lawsuits and criminal charges filed by people who find library materials obscene or otherwise objectionable.

Zwicker’s bill would prohibit publishers from entering into contracts or licensing agreements with libraries that limit libraries’ normal lending practices or cost them more than what the public pays. It would bar practices that have become publishing industry standards, such as restricting how many times a library can loan an e-book, prohibiting library staff from reading e-books aloud at storytime, and forbidding libraries from disclosing contract terms, among other things.

“This is about fair pricing, it’s about transparency, it’s about operational autonomy, and it’s about the protection of lending rights,” Zwicker said.

Pu warned that current industry standards are unsustainable and violate libraries’ core mission of providing free, equitable access to reading and educational materials, including those that are digital. E-books and audiobooks have become increasingly indispensable to people with disabilities or mobility issues, such as homebound seniors, as well as those in more rural regions, she added.

“Digital access is absolutely essential infrastructure,” Pu said.

Lawmakers in other states have tried — and failed — to change the business model, as librarians have increasingly pleaded for legislative action.

Maryland became the first state in 2021 to pass a law requiring publishers to provide e-materials to libraries under “reasonable terms,” and New York lawmakers passed similar legislation that same year. But a federal judge blocked Maryland’s law in 2022 as unconstitutional after the Association of American Publishers successfully argued it violated federal copyright law, and New York Gov. Kathy Hochul vetoed a bill over similar copyright concerns.

Librarians and lawmakers have not stopped trying, though, and they’re now hoping collective action will give them greater negotiating power.

In a law Connecticut passed last year to compel industry changes, legislators included a trigger clause, meaning it only takes effect when one or more states with a combined population of 7 million people pass a similar law.

“Now all eyes on New Jersey,” Zwicker said.

Shelley Husband is executive vice president of government affairs at the Association of American Publishers. She said legislation like New Jersey’s has been ruled unconstitutional in federal court.

“This legislation not only raises major legal concerns, but it also poses a direct threat to authors, local New Jersey bookstores, and the state’s larger creative economy,” Husband said in an email. “By taking away the rights of authors, this legislation sets a dangerous precedent for creators across film, music, and software. The practical impact of this bill would be to likely limit, rather than expand, access to e-books and audiobooks through local libraries.”

Other groups, including the Authors Guild and the Independent Book Publishers Association, have opposed such legislation, saying it would financially burden small business owners and undermine the intellectual property of authors and publishers.

The bills come as the demand for digital material has exploded since the pandemic.

Readers borrowed 737.6 million titles last year from public libraries (excluding schools) worldwide, according to OverDrive, a platform that distributes e-content for libraries. Digital content consumed 27% of acquisition budgets nationally in 2024, according to the Library Journal.