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Assembly Bill A5008

2025-2026 Legislative Session

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

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2025-A5008 (ACTIVE) - Details

See Senate Version of this Bill:
S10193
Law Section:
Public Officers Law
Laws Affected:
Amd §89, Pub Off L
Versions Introduced in Other Legislative Sessions:
2009-2010: A5726
2011-2012: A6787
2013-2014: A1700
2015-2016: A3489
2017-2018: A2401
2019-2020: A5636
2021-2022: A4499
2023-2024: A4453

2025-A5008 (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.

2025-A5008 (ACTIVE) - Bill Text download pdf 

                             
                     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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