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.
S T A T E O F N E W Y O R K
________________________________________________________________________
5008
2025-2026 Regular Sessions
I N A S S E M B L Y
February 10, 2025
___________
Introduced by M. of A. RAGA, SEAWRIGHT -- 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 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.
LBD02535-01-5
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