Bill Text: NY S04798 | 2013-2014 | General Assembly | Introduced

New York Senate Bill 4798 (Prior Session Legislation)

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

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2014-06-20 - COMMITTED TO RULES [S04798 Detail]

Download: New_York-2013-S04798-Introduced.html

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4798
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                    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:
    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    S  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.
                                                                  LBD04858-01-3