|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jun 16, 2014||referred to codes|
delivered to assembly
ordered to third reading cal.1396
committee discharged and committed to rules
|Jan 09, 2014||referred to codes|
senate Bill S6298
Archive: Last Bill Status - Passed Senate
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S6298 - Details
- Current Committee:
- Law Section:
- Penal Law
- Laws Affected:
- Amd §275.45, Pen L
S6298 - Summary
Exempts libraries, museums, archives and other cultural institutions from offenses relating to unauthorized recording.
S6298 - Sponsor Memo
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.
S6298 - Bill Text download pdf
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
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