Bill Text: NY A05636 | 2019-2020 | General Assembly | Introduced

---

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

Spectrum: Partisan Bill (Democrat 11-0)

Status: (Engrossed - Dead) 2020-01-08 - ordered to third reading cal.217 [A05636 Detail]

Download: New_York-2019-A05636-Introduced.html

---

                STATE OF NEW YORK
        ________________________________________________________________________
            S. 3793                                                  A. 5636
                               2019-2020 Regular Sessions
                SENATE - ASSEMBLY
                                    February 14, 2019
                                       ___________
        IN  SENATE  --  Introduced  by  Sen.  CARLUCCI -- read twice and ordered
          printed, and when printed to be committed to the Committee on Investi-
          gations and Government Operations
        IN ASSEMBLY -- Introduced by M. of A. GALEF,  PAULIN,  LUPARDO,  JAFFEE,
          OTIS,  ABINANTI  --  Multi-Sponsored  by  -- M. of A. COOK, GOTTFRIED,
          PERRY, L. ROSENTHAL, SIMON -- 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:
     1    Section  1. Section 89 of the public officers law is amended by adding
     2  a new subdivision 10 to read as follows:
     3    10. Any copyright in a record prepared by an agency that  is  required
     4  to  be  disclosed  pursuant to the provisions of this article is waived,
     5  except where  the  record  reflects  artistic  creation,  scientific  or
     6  academic  research, or if the agency intends to distribute the record or
     7  a derivative work based on it to the public by sale or other transfer of
     8  ownership, or by rental, lease, or license.   If any  of  the  foregoing
     9  exceptions  apply, the entity from which the record is sought may in its
    10  discretion elect to waive any such copyright.
    11    § 2. This act shall take effect on the sixtieth  day  after  it  shall
    12  have become a law.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00240-01-9