REMEMBER THE POST ABOUT THE ETHICS OF WHAT TO DO WITH REVIEW COPIES? THE NYS LEGISLATURE MUST HAVE BEEN READING:
FROM BERYL JONES-WOODIN, ASSOCIATE DEAN AT BROOKLYN:
fyi, this week Gov Patterson signed into law, the Textbook Access Act, which is intended to
“to help ensure students are receiving fair value for the course materials they purchase. Therefore, the purpose of this act is to promote open and transparent marketing, choice, pricing and purchasing of course materials.”
Most of the Act is not relevant to how law texts are marketed except a provision which makes it unlawful to resell complimentary copies of textbooks which are given to faculty members by publishing companies.
THE TEXT OF THE ACT IS IN THE JUMP
OODIN STATE OF NEW YORK
Cal. No. 1238
2007-2008 Regular Sessions
February 21, 2007
Introduced by Sens. LAVALLE, BONACIC, FUSCHILLO, GRIFFO, LARKIN,
MALTESE, PADAVAN, TRUNZO -- read twice and ordered printed, and when
printed to be committed to the Committee on Higher Education -- recom-
mitted to the Committee on Higher Education in accordance with Senate
Rule 6, sec. 8 -- reported favorably from said committee, ordered to
first and second report, ordered to a third reading, amended and
ordered reprinted, retaining its place in the order of third reading
AN ACT to amend the education law, in relation to enacting the "textbook
The People of the State of New York, represented in Senate and Assem-
bly, do enact as follows:
1 Section 1. Legislative intent. It is the policy of the state that any
2 institution of higher education receiving money from the state shall
3 work to identify ways to reduce student expenditures on course materi-
4 als, thereby making college more affordable. Course materials have
5 become increasingly complex due to the diversity of the student popu-
6 lation and its needs, and advances in pedagogy and learning technolo-
7 gies. The legislature, realizing the integral role colleges and univer-
8 sities play in our society, believes it is necessary to help ensure
9 students are receiving fair value for the course materials they
10 purchase. Therefore, the purpose of this act is to promote open and
11 transparent marketing, choice, pricing and purchasing of course materi-
13 § 2. Short title. This act shall be known and may be cited as the
14 "textbook access act".
15 § 3. The education law is amended by adding a new article 15-C to read
16 as follows:
17 ARTICLE 15-C
18 TEXTBOOK ACCESS ACT
19 Section 720. Definitions.
20 721. Pricing transparency.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
S. 3063--A 2
1 722. Sales of textbooks, textbook bundles.
2 723. Special role of faculties in adoptions.
3 724. Policies addressing course material adoptions and sample
5 § 720. Definitions. As used in this article, the following terms shall
6 have the following meanings:
7 1. "Bundled" means a textbook and any other learning material, includ-
8 ing, but not limited to, workbooks, online technologies, dictionaries,
9 CD-ROMS, or books, packaged together to be sold for one price.
10 2. "Institution of higher education" means any institution of higher
11 education, recognized and approved by the regents of the university of
12 the state of New York, which provides a course of study leading to the
13 granting of a post-secondary degree or diploma.
14 3. "Publisher" means any publishing house, publishing firm, or
15 publishing company that publishes textbooks and supplemental materials.
16 4. "Textbook" means any textbook that is adopted for a course, as
17 determined by the faculty member or members or entity charged with
18 choosing that textbook.
19 5. "Supplemental materials" means materials that supplement the prima-
20 ry textbook or textbooks that come in the form of another book, online
21 technologies, a workbook, CD-ROM, or any other format, and that can be
22 used by a faculty member or a student during the teaching of a course.
23 6. "Adopter" means any faculty member or academic department at insti-
24 tutions of higher learning responsible for considering and choosing
25 textbooks and/or supplemental materials to be utilized in connection
26 with the accredited courses taught at institutions of higher education.
27 § 721. Pricing transparency. 1. To ensure pricing transparency, all
28 publishers of college textbooks shall, on request, make readily avail-
29 able to prospective adopters of their products who are members of the
30 faculties or purchasing entities of institutions of higher education the
31 price at which the publisher would make the products available to the
32 college bookstore that would offer the products to students.
33 2. For purposes of this section, the term "products" means all
34 versions of a textbook or set of textbooks, except custom textbooks or
35 special editions of textbooks, available in the subject area for which a
36 prospective adopter is teaching a course, including supplemental materi-
37 als, both when sold together or separately from a textbook.
38 § 722. Sales of textbooks, textbook bundles. Textbooks shall be sold
39 in the same manner as ordered by such faculty member or entity in charge
40 of selecting textbooks for courses. In the event such product is
41 unavailable as ordered, the bookstore, faculty, and relevant publisher
42 shall work together to provide the best possible substitute that most
43 closely matches the requested item or items, and the publisher shall
44 make available the price of such substitute or substitutes readily
46 § 723. Special role of faculties in adoptions. Each institution of
47 higher education shall institute policies that encourage faculty members
48 or the entity in charge of textbook adoptions to place their orders with
49 sufficient lead-time to enable the university, or contract-managed,
50 bookstore to confirm the availability of the requested materials and,
51 when appropriate, the availability of used textbooks or alternate
52 digital formats.
53 § 724. Policies addressing course material adoptions and sample mate-
54 rials. No employee at an institution of higher education shall demand or
55 receive any payment, loan, advance, goods, or deposit of money, present
S. 3063--A 3
1 or promised, for adopting specific course materials required for course-
2 work or instruction; with the exception that the employee may receive:
3 1. sample copies, instructor's copies, or instructional material, that
4 are not to be sold;
5 2. royalties or other compensation from sales of textbooks that
6 include such instructor's own writing or work;
7 3. honoraria for academic peer review of course materials; or
8 4. training in the use of course materials and learning technologies.
9 § 4. This act shall take effect on the first of July next succeeding
10 the date on which it shall have become a law.