Most e-books have digital rights management software that means, like print books, they can only be checked out by one person at a time. But unlike print books, which can sit on library shelves for decades, e-books are often sold on time-limited contracts — meaning public libraries must buy them again after several years or, in some cases, several months. The costs can add up quickly.
Courtney, a lawyer by trade, believes that the strict contract terms are “undermining every library’s mission across the United States.”
“We can’t own our books. We can’t preserve them. We can’t keep them. We can’t check them out without having to pay for the same book over and over and over,” Courtney said. “And that’s problematic for collection development, for access, for budget, for all sorts of things.”
Courtney leads a nonprofit called the eBook Study Group that lobbies state governments to adapt e-book contract regulations to reflect existing consumer and contract law. Since its 2020 inception, it has successfully lobbied the Connecticut state legislature to prohibit libraries from buying e-books whose contracts limit both time and number of checkouts. The goal is to drive down demand for short-term e-book contracts and force publishers to offer e-books to libraries on better terms.