S T A T E   O F   N E W   Y O R K
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                                  6787

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                             March 31, 2011
                               ___________

Introduced by M. of A. GALEF, LAVINE, LATIMER, PAULIN, DESTITO, LUPARDO,
  JAFFEE, KAVANAGH, FINCH -- Multi-Sponsored by -- M. of A. COOK, MAYER-
  SOHN,  McENENY,  ROBINSON,  ROSENTHAL -- 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,  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