senate Bill S4798

Relates to the ability of government agencies in New York to claim copyright protection

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 24 / Apr / 2013
    • REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
  • 30 / May / 2013
    • 1ST REPORT CAL.839
  • 03 / Jun / 2013
    • 2ND REPORT CAL.
  • 04 / Jun / 2013
    • ADVANCED TO THIRD READING
  • 21 / Jun / 2013
    • COMMITTED TO RULES
  • 08 / Jan / 2014
    • REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
  • 14 / Jan / 2014
    • 1ST REPORT CAL.26
  • 22 / Jan / 2014
    • 2ND REPORT CAL.
  • 23 / Jan / 2014
    • ADVANCED TO THIRD READING
  • 20 / Jun / 2014
    • COMMITTED TO RULES

Summary

Waives the ability of government agencies in New York to claim copyright protection except where the record reflects artistic creation, or scientific or academic research, or if the agency intends to distribute the record of derivative work based on it to the public by sale or other transfer of ownership.

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Bill Details

See Assembly Version of this Bill:
A1700
Versions:
S4798
Legislative Cycle:
2013-2014
Current Committee:
Senate Rules
Law Section:
Public Officers Law
Laws Affected:
Amd ยง89, Pub Off L
Versions Introduced in Previous Legislative Cycles:
2011-2012: S1837, A6787
2009-2010: S3659B, A5726B
2007-2008: S2385, A5472

Votes

6
0
6
Aye
0
Nay
2
aye with reservations
0
absent
1
excused
0
abstained
show Investigations and Government Operations committee vote details

Sponsor Memo

BILL NUMBER:S4798

TITLE OF BILL: An act to amend the public officers law, in relation
to the ability of government agencies in New York to claim copyright
protection

PURPOSE: To guarantee that copyright claims should not chill the
desire or ability of citizens to use public records or serve as an
impediment to the economic interests of the State.

SUMMARY OF PROVISIONS:

Section 1. Section 89 of the public officers law is amended by adding
a new subdivision 10 to read as follows:

10. Any copyright in a record prepared by an agency that is disclosed
pursuant to the provisions of this article is waived, except if such
record reflects artistic creation, scientific or academic research, or
if the agency intends to distribute the record or a derivative work
based on it to the public by sale or other transfer of ownership, or
by rental, lease, or license. If any of the foregoing exceptions
apply, the agency may in its discretion waive any such copyright.

Section 2. This act shall take effect on the sixtieth day after it
shall have become a law.

JUSTIFICATION: Government records, particularly those available in
electronic media, have value and may be used commercially for profit.
Further, it is a given that government agencies expend substantial
amounts of money to acquire, develop and use information technology.
Nevertheless, that money would be expended as part of running the
government even if there was no FOIL, and even if no one ever
requested the records.

Copyright and similar protections, such as patents, are justifiable
when the historical elements of copyright are present artistic
creativity or academic or scientific research. However, copyright
should not be claimed when an agency is obligated by law to prepare a
record. Also, fair use of copyright material provides for public
access to, and allows reproduction of records that may involve the
accountability of government and promote the public's understanding of
government functions and activities.

Government should not be using copyright or other protections in order
to charge more than the actual cost of reproducing records or to
discourage in any other way the dissemination of public information.

LEGISLATIVE HISTORY: A.6787 and S.1837 of 2011/2012 A.5726-B and S.
3659-B of 2009/2010 A.5472 and S. 2385 of 2007/2008 A. 6532-A and S.
4729-A of 2005/2006 A. 10010 of 2003/2004

FISCAL IMPLICATIONS: Undetermined.

EFFECTIVE DATE: This act shall take effect on the sixtieth day after
it has becomes law.


view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4798

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             April 24, 2013
                               ___________

Introduced  by Sen. CARLUCCI -- read twice and ordered printed, and when
  printed to be committed to the Committee on Investigations and Govern-
  ment Operations

AN ACT to amend the public officers law, in relation to the  ability  of
  government agencies in New York to claim copyright protection

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 89 of the public officers law is amended by  adding
a new subdivision 10 to read as follows:
  10.  ANY  COPYRIGHT IN A RECORD PREPARED BY AN AGENCY THAT IS REQUIRED
TO BE DISCLOSED PURSUANT TO THE PROVISIONS OF THIS  ARTICLE  IS  WAIVED,
EXCEPT  WHERE  THE  RECORD  REFLECTS  ARTISTIC  CREATION,  SCIENTIFIC OR
ACADEMIC RESEARCH, OR IF THE AGENCY INTENDS TO DISTRIBUTE THE RECORD  OR
A DERIVATIVE WORK BASED ON IT TO THE PUBLIC BY SALE OR OTHER TRANSFER OF
OWNERSHIP,  OR  BY  RENTAL, LEASE, OR LICENSE.   IF ANY OF THE FOREGOING
EXCEPTIONS APPLY, THE ENTITY FROM WHICH THE RECORD IS SOUGHT MAY IN  ITS
DISCRETION ELECT TO WAIVE ANY SUCH COPYRIGHT.
  S  2.  This  act  shall take effect on the sixtieth day after it shall
have become a law.





 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04858-01-3

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