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Assembly Bill A5726B

2009-2010 Legislative Session

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

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Archive: Last Bill Status - In Senate Committee Rules Committee

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Bill Amendments

co-Sponsors

multi-Sponsors

2009-A5726 - Details

See Senate Version of this Bill:
S3659
Current Committee:
Senate Rules
Law Section:
Public Officers Law
Laws Affected:
Amd §89, Pub Off L
Versions Introduced in Other Legislative Sessions:
2011-2012: A6787, S1837
2013-2014: A1700, S4798
2015-2016: A3489, S2171
2017-2018: A2401, S1205
2019-2020: A5636, S3793
2021-2022: A4499, S3988
2023-2024: A4453
2025-2026: A5008

2009-A5726 - 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 or derivative work based on it to the public by sale or other transfer of ownership.

2009-A5726 - Bill Text download pdf 

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

                                  5726

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 19, 2009
                               ___________

Introduced by M. of A. GALEF, LAVINE, LATIMER, PAULIN, JAFFEE, KAVANAGH,
  ALFANO, FINCH, DESTITO -- Multi-Sponsored by -- M. of A. BARRA, CHRIS-
  TENSEN,  COOK, JOHN, MAYERSOHN, McENENY, ROBINSON, ROSENTHAL, SPANO --
  read once and referred to the Committee on Governmental 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, OR SCIENTIFIC OR
ACADEMIC RESEARCH.  IF THE FOREGOING EXCEPTION APPLIES, THE ENTITY  FROM
WHICH  THE  RECORD  IS  SOUGHT  MAY IN ITS DISCRETION ELECT TO WAIVE ANY
COPYRIGHT AND SHALL DO SO  WHENEVER  FURTHER  REPRODUCTION  AND  DISSEM-
INATION  OF  THE  RECORD SOUGHT SHALL SUBSTANTIALLY AID PUBLIC OVERSIGHT
AND ACCOUNTABILITY OF GOVERNMENT.
  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.
A                                                          LBD01667-01-9

co-Sponsors

multi-Sponsors

2009-A5726A - Details

See Senate Version of this Bill:
S3659
Current Committee:
Senate Rules
Law Section:
Public Officers Law
Laws Affected:
Amd §89, Pub Off L
Versions Introduced in Other Legislative Sessions:
2011-2012: A6787, S1837
2013-2014: A1700, S4798
2015-2016: A3489, S2171
2017-2018: A2401, S1205
2019-2020: A5636, S3793
2021-2022: A4499, S3988
2023-2024: A4453
2025-2026: A5008

2009-A5726A - 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 or derivative work based on it to the public by sale or other transfer of ownership.

2009-A5726A - Sponsor Memo

2009-A5726A - Bill Text download pdf 

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

                                 5726--A
                                                        Cal. No. 400

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 19, 2009
                               ___________

Introduced by M. of A. GALEF, LAVINE, LATIMER, PAULIN, JAFFEE, KAVANAGH,
  ALFANO, FINCH, DESTITO -- Multi-Sponsored by -- M. of A. BARRA, CHRIS-
  TENSEN,  COOK, JOHN, MAYERSOHN, McENENY, ROBINSON, ROSENTHAL, SPANO --
  read once and referred to the Committee on Governmental Operations  --
  reported  from  committee,  advanced  to  a third reading, amended and
  ordered reprinted, retaining its place on the order of third reading

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, OR SCIENTIFIC OR
ACADEMIC RESEARCH.  IF THE FOREGOING EXCEPTION APPLIES, 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.
                                                           LBD01667-03-0

co-Sponsors

multi-Sponsors

2009-A5726B (ACTIVE) - Details

See Senate Version of this Bill:
S3659
Current Committee:
Senate Rules
Law Section:
Public Officers Law
Laws Affected:
Amd §89, Pub Off L
Versions Introduced in Other Legislative Sessions:
2011-2012: A6787, S1837
2013-2014: A1700, S4798
2015-2016: A3489, S2171
2017-2018: A2401, S1205
2019-2020: A5636, S3793
2021-2022: A4499, S3988
2023-2024: A4453
2025-2026: A5008

2009-A5726B (ACTIVE) - 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 or derivative work based on it to the public by sale or other transfer of ownership.

2009-A5726B (ACTIVE) - Bill Text download pdf 

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

                                 5726--B
                                                        Cal. No. 400

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 19, 2009
                               ___________

Introduced by M. of A. GALEF, LAVINE, LATIMER, PAULIN, JAFFEE, KAVANAGH,
  ALFANO,  FINCH,  DESTITO,  LUPARDO  --  Multi-Sponsored by -- M. of A.
  BARRA, CHRISTENSEN, COOK, JOHN, MAYERSOHN, McENENY,  ROBINSON,  ROSEN-
  THAL, SPANO -- read once and referred to the Committee on Governmental
  Operations  --  reported  from committee, advanced to a third reading,
  amended and ordered reprinted, retaining its place  on  the  order  of
  third  reading  --  passed  by  Assembly  and delivered to the Senate,
  recalled from the Senate, vote  reconsidered,  bill  amended,  ordered
  reprinted, retaining its place on the order of third reading

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.
                                                           LBD01667-06-0

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