S T A T E O F N E W Y O R K
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10193
I N S E N A T E
May 5, 2026
___________
Introduced by Sen. BYNOE -- read twice and ordered printed, and when
printed to be committed to the Committee on Investigations and Govern-
ment 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