Senate Bill S4798

                                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.