| Date of Action |
Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|---|---|
| Mar 28, 2022 |
print number 3988a |
| Mar 28, 2022 |
amend and recommit to investigations and government operations |
| Jan 05, 2022 |
referred to investigations and government operations |
| Feb 01, 2021 |
referred to investigations and government operations |
Senate Bill S3988A
2021-2022 Legislative Session
Sponsored By
(D, WF) Senate District
Archive: Last Bill Status - In Senate Committee Investigations And Government Operations Committee
Actions
Bill Amendments
2021-S3988 - Details
- See Assembly Version of this Bill:
- A4499
- Current Committee:
- Senate Investigations And Government Operations
- Law Section:
- Public Officers Law
- Laws Affected:
- Amd §89, Pub Off L
- Versions Introduced in Other Legislative Sessions:
-
2009-2010:
S3659, A5726
2011-2012: S1837, A6787
2013-2014: S4798, A1700
2015-2016: S2171, A3489
2017-2018: S1205, A2401
2019-2020: S3793, A5636
2023-2024: A4453
2025-2026: A5008
2021-S3988 - Summary
Waives the ability of government agencies in New York to claim copyright protection except where the record reflects artistic, creative or scholarly works of authorship, academic course materials, or scientific or academic research, or if the copyright owner intends to distribute the record of derivative work based on it to the public by sale or other transfer of ownership.
2021-S3988 - Sponsor Memo
BILL NUMBER: S3988
SPONSOR: REICHLIN-MELNICK
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:
The purpose of this legislation is to eliminate the ability for New York
State's government agencies to claim copyright protection.
SUMMARY OF PROVISIONS:
Section one adds subdivision 10 to § 89 of the Public Officers Law,
which waives any copyright protection a record produced by an agency is
otherwise afforded when that record is required to be disclosed.
Exceptions to this waiver are provided for when 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
2021-S3988 - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
3988
2021-2022 Regular Sessions
I N S E N A T E
February 1, 2021
___________
Introduced by Sen. REICHLIN-MELNICK -- read twice and ordered printed,
and when printed to be committed to the Committee on Investigations
and Government 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.
LBD08312-01-1
2021-S3988A (ACTIVE) - Details
- See Assembly Version of this Bill:
- A4499
- Current Committee:
- Senate Investigations And Government Operations
- Law Section:
- Public Officers Law
- Laws Affected:
- Amd §89, Pub Off L
- Versions Introduced in Other Legislative Sessions:
-
2009-2010:
S3659, A5726
2011-2012: S1837, A6787
2013-2014: S4798, A1700
2015-2016: S2171, A3489
2017-2018: S1205, A2401
2019-2020: S3793, A5636
2023-2024: A4453
2025-2026: A5008
2021-S3988A (ACTIVE) - Summary
Waives the ability of government agencies in New York to claim copyright protection except where the record reflects artistic, creative or scholarly works of authorship, academic course materials, or scientific or academic research, or if the copyright owner intends to distribute the record of derivative work based on it to the public by sale or other transfer of ownership.
2021-S3988A (ACTIVE) - Sponsor Memo
BILL NUMBER: S3988A
SPONSOR: REICHLIN-MELNICK
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:
The purpose of this legislation is to eliminate the ability for New York
State's government agencies to claim copyright protection.
SUMMARY OF PROVISIONS:
Section one adds subdivision 10 to § 89 of the Public Officers Law,
which waives any copyright protection a record produced by an agency is
otherwise afforded when that record is required to be disclosed.
Exceptions to this waiver are provided for when 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
2021-S3988A (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
3988--A
2021-2022 Regular Sessions
I N S E N A T E
February 1, 2021
___________
Introduced by Sen. REICHLIN-MELNICK -- read twice and ordered printed,
and when printed to be committed to the Committee on Investigations
and Government Operations -- recommitted to the Committee on Investi-
gations and Government Operations in accordance with Senate Rule 6,
sec. 8 -- committee discharged, bill amended, ordered reprinted as
amended and recommitted to said committee
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 11 to read as follows:
11. 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 OR INCLUDES ARTISTIC, CREATIVE OR SCHO-
LARLY WORKS OF AUTHORSHIP, ACADEMIC COURSE MATERIALS, OR SCIENTIFIC OR
ACADEMIC RESEARCH, OR IF THE COPYRIGHT OWNER 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 COPYRIGHT OWNER 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.
LBD08312-04-2
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