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Copyrights Entertainment and Sports Law Legislation Litigation

State Law Requiring Offer to License Conflicts With Copyright Act

A federal judge has sided with the Association of American Publishers (AAP), finding in June that a recently enacted Maryland library e-book law conflicts with federal copyright laws.

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A federal judge has sided with the Association of American Publishers (AAP), finding in June that a recently enacted Maryland library e-book law conflicts with federal copyright laws. Association of American Publishers Inc. v. Frosh, 21-3133 (D. Md. 2022). The AAP, the national trade association for the publishing industry, filed a lawsuit against Maryland Attorney General Brian E. Frosh in his official capacity following the passing of legislation, Md. Code Ann., Educ. §§23-701 and 23-702, requiring publishers to offer to license copyrighted electronic literary products, like e-books and audiobooks, to Maryland public libraries and to ensure the terms of such licenses to be fair.

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