Bill S4798-2013

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

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

Details

Actions

  • Jun 20, 2014: COMMITTED TO RULES
  • Jan 23, 2014: ADVANCED TO THIRD READING
  • Jan 22, 2014: 2ND REPORT CAL.
  • Jan 14, 2014: 1ST REPORT CAL.26
  • Jan 8, 2014: REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
  • Jun 21, 2013: COMMITTED TO RULES
  • Jun 4, 2013: ADVANCED TO THIRD READING
  • Jun 3, 2013: 2ND REPORT CAL.
  • May 30, 2013: 1ST REPORT CAL.839
  • Apr 24, 2013: REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS

Meetings

Calendars

Votes

VOTE: COMMITTEE VOTE: - Investigations and Government Operations - May 30, 2013
Ayes (6): Marcellino, Carlucci, Golden, Nozzolio, O'Mara, Hoylman
Ayes W/R (2): Zeldin, Squadron
Excused (1): Diaz
VOTE: COMMITTEE VOTE: - Investigations and Government Operations - Jan 14, 2014
Ayes (7): Marcellino, Carlucci, Golden, Nozzolio, O'Mara, Hoylman, Diaz
Ayes W/R (2): Zeldin, Squadron

Memo

BILL NUMBER:S4798

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: To guarantee that copyright claims should not chill the desire or ability of citizens to use public records or serve as an impediment to the economic interests of the State.

SUMMARY OF PROVISIONS:

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 disclosed pursuant to the provisions of this article is waived, except if such 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 agency may in its discretion waive any such copyright.

Section 2. This act shall take effect on the sixtieth day after it shall have become a law.

JUSTIFICATION: Government records, particularly those available in electronic media, have value and may be used commercially for profit. Further, it is a given that government agencies expend substantial amounts of money to acquire, develop and use information technology. Nevertheless, that money would be expended as part of running the government even if there was no FOIL, and even if no one ever requested the records.

Copyright and similar protections, such as patents, are justifiable when the historical elements of copyright are present artistic creativity or academic or scientific research. However, copyright should not be claimed when an agency is obligated by law to prepare a record. Also, fair use of copyright material provides for public access to, and allows reproduction of records that may involve the accountability of government and promote the public's understanding of government functions and activities.

Government should not be using copyright or other protections in order to charge more than the actual cost of reproducing records or to discourage in any other way the dissemination of public information.

LEGISLATIVE HISTORY: A.6787 and S.1837 of 2011/2012 A.5726-B and S. 3659-B of 2009/2010 A.5472 and S. 2385 of 2007/2008 A. 6532-A and S. 4729-A of 2005/2006 A. 10010 of 2003/2004

FISCAL IMPLICATIONS: Undetermined.

EFFECTIVE DATE: This act shall take effect on the sixtieth day after it has becomes law.


Text

STATE OF NEW YORK ________________________________________________________________________ 4798 2013-2014 Regular Sessions IN SENATE April 24, 2013 ___________
Introduced by Sen. CARLUCCI -- 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 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. S 2. This act shall take effect on the sixtieth day after it shall have become a law.

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