Senate Bill S3659

                                 BILL NUMBER:  S3659A

 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 OR GENERAL IDEA OF BILL :
 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 SPECIFIC PROVISIONS :
Amends section 89 of the Public Officers Law by adding a new
subdivision 9 to read as follows:  Any copyright in a record that is
required to be disclosed pursuant to the provisions of this article is
waived, except where the record reflects artistic creation, or
scientific or academic research. If the foregoing exception applies,
the entity from which the record is sought mar in its discretion elect
to waive any copyright. This act takes effect 60 days after it becomes
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
these 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 copyrighted material provides for public
access  to and allows reproduction if records which 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 change more than the actual cost of reproducing records or to
discourage in any other way the dissemination of public information.

 PRIOR LEGISLATIVE HISTORY :

A.5472 and S.2385 of 2007/2008
A.6532A and S.4729A of 2005/2006
A.10010 of 2003/2004

 FISCAL IMPLICATIONS :
Undetermined.

 EFFECTIVE DATE :
This law act shall take effect 60 days after it becomes a law.

                                BILL NUMBER:S3659B

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 OR GENERAL IDEA OF BILL:
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 SPECIFIC 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.

PRIOR LEGISLATIVE HISTORY:
Similar to:
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 60 days after it becomes law.