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Assembly Bill A5636

2019-2020 Legislative Session

Relates to the ability of government agencies in New York to claim copyright protection

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Archive: Last Bill Status - On Floor Calendar

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2019-A5636 (ACTIVE) - Details

See Senate Version of this Bill:
S3793
Law Section:
Public Officers Law
Laws Affected:
Amd §89, Pub Off L
Versions Introduced in Other Legislative Sessions:
2009-2010: A5726, S3659
2011-2012: A6787, S1837
2013-2014: A1700, S4798
2015-2016: A3489, S2171
2017-2018: A2401, S1205
2021-2022: A4499, S3988
2023-2024: A4453
2025-2026: A5008

2019-A5636 (ACTIVE) - Summary

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 or derivative work based on it to the public by sale or other transfer of ownership.

2019-A5636 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
     S. 3793                                                  A. 5636
 
                        2019-2020 Regular Sessions
 
                       S E N A T E - A S S E M B L Y
 
                             February 14, 2019
                                ___________
 
 IN  SENATE  --  Introduced  by  Sen.  CARLUCCI -- read twice and ordered
   printed, and when printed to be committed to the Committee on Investi-
   gations and Government Operations
 
 IN ASSEMBLY -- Introduced by M. of A. GALEF,  PAULIN,  LUPARDO,  JAFFEE,
   OTIS,  ABINANTI  --  Multi-Sponsored  by  -- M. of A. COOK, GOTTFRIED,
   PERRY, L. ROSENTHAL, SIMON -- 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.
   § 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.
                                                            LBD00240-01-9

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