senate Bill S1837

2011-2012 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 Committee


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 04, 2012 referred to investigations and government operations
Jan 13, 2011 referred to investigations and government operations

Co-Sponsors

S1837 - Bill Details

See Assembly Version of this Bill:
A6787
Current Committee:
Law Section:
Public Officers Law
Laws Affected:
Amd ยง89, Pub Off L
Versions Introduced in 2009-2010 Legislative Session:
S3659B, A5726B

S1837 - Bill Texts

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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 NUMBER:S1837

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


03/27/09 Referred to Investigations and Government Operations
06/21/10 Amend and Recommit to Investigations and Government
Operations - S.3659B

FISCAL IMPLICATIONS:
Undetermined.

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

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

                                  1837

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 13, 2011
                               ___________

Introduced by Sens. OPPENHEIMER, DIAZ -- read twice and ordered printed,
  and  when  printed  to be committed to the Committee on Investigations
  and Government 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.
                                                           LBD06316-01-1

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