senate Bill S6298

2013-2014 Legislative Session

Exempts libraries, museums, archives and other cultural institutions from offenses relating to unauthorized recording

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Archive: Last Bill Status - Passed Senate


  • 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
Jun 16, 2014 referred to codes
delivered to assembly
passed senate
ordered to third reading cal.1396
committee discharged and committed to rules
Jan 09, 2014 referred to codes

Votes

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S6298 - Bill Details

Current Committee:
Law Section:
Penal Law
Laws Affected:
Amd ยง275.45, Pen L

S6298 - Bill Texts

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Exempts libraries, museums, archives and other cultural institutions from offenses relating to unauthorized recording.

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BILL NUMBER:S6298

TITLE OF BILL: An act to amend the penal law, in relation to
exempting libraries, museums, archives and other cultural institutions
from offenses relating to unauthorized recording

PURPOSE: This bill would exempt libraries, museums, archives and
other cultural institutions from offenses relating to unauthorized
recording.

SUMMARY OF PROVISIONS:

Section 1 - Amends subdivision 1 of section 275.45 of the penal law,
as added by Chapter 460 of the laws of 1990.

Section 2 - Effective Date

JUSTIFICATION: Libraries, museums and other cultural institutions
which house archives systematically and professionally organize
collection of materials, whether print or non-print formats, that a
state not for profit entity owns or operates for public benefit, and
whose collections are open and available to the public or otherwise
available to persons doing research in a specialized area. For this
reason, they should not be subject to copyright laws since this would
impede that mission. This bill would provide an exemption from those
laws for libraries, museums and other cultural institutions.

LEGISLATIVE HISTORY: New bill

FISCAL IMPLICATIONS: None

EFFECTIVE DATE: This act shall take effect immediately.

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

                                  6298

                            I N  S E N A T E

                             January 9, 2014
                               ___________

Introduced  by  Sen.  DeFRANCISCO -- read twice and ordered printed, and
  when printed to be committed to the Committee on Codes

AN ACT to amend the penal law, in relation to exempting libraries, muse-
  ums, archives and other cultural institutions from  offenses  relating
  to unauthorized recording

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 1 of section 275.45 of the penal law, as  added
by chapter 460 of the laws of 1990, is amended to read as follows:
  1. This article does not apply to:
  (a)  any  broadcaster  who,  in connection with or as part of a radio,
television, or cable broadcast  transmission,  or  for  the  purpose  of
archival  preservation,  transfers  any  such recorded sounds or images;
[or]
  (b) any person who transfers such sounds or images for  personal  use,
and without profit for such transfer[.]; OR
  (C)  (I)  A LIBRARY, MUSEUM, ARCHIVE OR ANY OTHER CULTURAL INSTITUTION
WHICH CREATES A DIGITAL COPY OF A HISTORIC SOUND RECORDING FOR PRESERVA-
TION OR ARCHIVAL PURPOSES, NOR SHALL IT BE A  CRIME  FOR  SUCH  CULTURAL
INSTITUTION  TO MAKE A DIGITAL COPY OF A HISTORIC SOUND RECORDING AVAIL-
ABLE TO THE PUBLIC  FOR  NON-COMMERCIAL  PURPOSES,  INCLUDING,  BUT  NOT
LIMITED  TO,  TEACHING,  SCHOLARSHIP  OR  RESEARCH,  PROVIDED  THAT SUCH
CULTURAL INSTITUTION:
  (A) MAKES SUCH DIGITAL COPY AVAILABLE TO THE PUBLIC IN A WAY THAT DOES
NOT ALLOW A MEMBER OF THE PUBLIC TO DOWNLOAD OR SAVE SUCH  DIGITAL  COPY
TO A COMPUTER HARD DRIVE;
  (B) PROVIDES SUCH DIGITAL COPY AVAILABLE IN A COMPRESSED DIGITAL AUDIO
FILE FORMAT; AND
  (C)  PROVIDES  COPYRIGHT  INFORMATION  TO  PROSPECTIVE USERS ABOUT THE
DIGITAL COPY OR ITS ANALOG SOURCE, OR IF SUCH COPYRIGHT  INFORMATION  IS
MISSING  FROM THE DIGITAL COPY OR IS NOT EVIDENT FROM THE DIGITAL COPY'S
ANALOG SOURCE, NOTICE THAT THE ANALOG SOURCE OR THE DIGITAL COPY MAY  BE
PROTECTED BY STATE OR FEDERAL COPYRIGHT LAWS;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13483-01-4

S. 6298                             2

  (II) THE PROVISIONS OF THIS PARAGRAPH LIMITING THE APPLICATION OF THIS
ARTICLE  TO LIBRARIES, MUSEUMS, ARCHIVES AND OTHER CULTURAL INSTITUTIONS
SHALL ALSO APPLY TO THE EMPLOYEES, CONTRACTORS OR INTERNS WHO REPRODUCE,
ADAPT OR DISTRIBUTE HISTORIC SOUND RECORDINGS FROM AN ANALOG SOURCE TO A
DIGITAL  COPY, OR PUBLICLY PERFORM SUCH ANALOG SOURCE OR DIGITAL COPY IN
A NON-COMMERCIAL MANNER FOR THE PURPOSES  OF  TEACHING,  SCHOLARSHIP  OR
RESEARCH.
  S 2. This act shall take effect immediately.

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