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S 2330

An Act addressing challenges facing public libraries and digital resource collections

194th Legislature (2025-2026) Introduced by Jo Comerford and 2 co-sponsors

Protect library digital resources by banning restrictive privacy/term clauses, boosting transparency, and creating a commission to improve access, costs, and sustainability.

Reported (in part) by S2710
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Bill Summary · S 2330

Summary — S.2330: "An Act addressing challenges facing public libraries and digital resource collections"

Status snapshot
- Introduced in the Massachusetts Senate: July 17, 2025 (filed by Sen. Paul R. Feeney).
- Referred to committee(s), heard July 22, 2025; reported favorably and later reported (in part) by S.2710 (11/10/2025).
- Report requirement for a commission: final report due October 15, 2025.

Purpose
- To protect public library patrons and support public libraries as they acquire and provide digital/electronic materials by (1) restricting certain contract terms that limit transparency or jeopardize patron confidentiality, and (2) creating a special legislative commission to study and recommend policy actions addressing costs, licensing, access, privacy, and sustainability of digital collections.

Key provisions
1. Contract transparency and patron confidentiality (new Section 35 added to G.L. c.78)
- Prohibits library-publisher contract terms that:
- Restrict a library from disclosing license terms to other libraries, the legislature, the attorney general, or the Board of Library Commissioners.
- Require, coerce, or enable a library to violate a patron’s confidentiality (referencing existing library-record confidentiality law).
- A contract containing such prohibited provisions is declared an unlawful unfair or deceptive practice under G.L. c.93A — permitting statutory remedies under chapter 93A.

  1. Definitions (applies to sections 1–4)

    • “Digital resources” broadly defined to include ebooks, videos, databases, newspapers, magazines, interactive apps, software, games, maps, etc.
    • “Print materials” defined as primarily paper-based physical items.
    • “Access” defined as any proper means by which a person may read/use library resources.

  2. Special legislative commission (established under G.L. c.4, §2A)

    • Charge: study costs/expenditures for digital resources across public, school and research libraries; user demand and satisfaction; legal/licensing differences between digital and print; how patron data/metadata are used, accessed, or sold; consumer protection/access concerns; actions in other states; and the impact of licensed electronic resources.
    • Required to recommend legislative and executive actions to: support sustainability of diverse digital collections; improve resident access; uphold public lending responsibilities; and protect reader data.
    • Membership: legislators (co-chairs), library officials and associations, the Attorney General (or designee), representatives appointed by the governor including a disability office director, a research librarian, a publisher rep, a digital distributor rep (e.g., OverDrive), an IP/copyright expert, and a consumer protection expert.
    • Report due to the Legislature, Governor, and Attorney General by October 15, 2025.

Who is affected
- Local public libraries, school and research libraries across Massachusetts (procurement, contracting, collections).
- Publishers and digital distributors that license electronic content to libraries.
- Library patrons — particularly regarding privacy, access, and availability of digital materials.
- State regulators and legislators — because of transparency, potential enforcement (chapter 93A), and recommended policy changes.

Potential impacts and considerations
- Increases contract transparency and reinforces patron privacy protections; may limit publishers’ use of non-disclosure or confidentiality clauses in library licenses.
- Use of chapter 93A could create private- and public-enforcement pathways against prohibited contract provisions.
- Commission findings could lead to legislative changes on procurement, funding, licensing models, data privacy, and consumer protections for library users.
- Could affect pricing, licensing terms, and distribution practices for e-books and other digital content used by libraries.

Related / background
- Identified as similar to prior session material (House No. 4802, 2023–24).
- A companion/related federal or other-state bills listed in source material are noted, but the operative text here is a Massachusetts state measure.

Compiled from official sources — confirm details with the bill’s official record.

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