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.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A5008
SPONSOR: Raga 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 OR GENERAL IDEA OF BILL::
The purpose of this bill is to eliminate the ability for New York
State's government agencies to claim copyright protection.
SUMMARY OF PROVISIONS::
Section one of this bill would add a new subdivision 11 to Section 89 of
the Public Officers Law which would clarify exceptions to copyright
protections.
Section two would set forth the effective date.
JUSTIFICATION::
The Copyright Act (17 U.S.C. § 105) states that copyright protection is
NOT available for any work of the United State Government. It is impor-
tant that the same apply to our state and local governments. Currently,
New York State, and its local governments and agencies, can seek copy-
right protection on work, that was commissioned as a fundamental duty of
government. It is important that this loophole be closed. Copyright and
similar protections (such as patents) are justifiable to safeguard
artistic creativity or academic or scientific research. However, copy-
right should not be claimed or applied to works by an agency that is
obligated by law to produce a record.
PRIOR LEGISLATIVE HISTORY::
A.4453 of 2023-2024
A.4499-A and S.3988-A of 2021-2022
A.5636 and S. 3793 of 2019-2020
A.2401 and S.1205 of 2017-2018
A.3489 and S.2171 of 2015-2016
A.1700 and S.479 of 2013-2014
A.6787 and S.1837 of 2011-2012
A.5726-B and S.3659-8 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
EFFECTIVE DATE:
The sixtieth day.
