Cook, Gottfried, Perry, Robinson, Rosenthal, Schimel, Simon
 
Amd S89, Pub Off L
 
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.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A3489
SPONSOR: Galef (MS)
 
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 legislation is to guarantee that copyright claims
should not chill the desire or ability of citizens to use public records
to serve as an impediment to the economic interests of the State.
 
SUMMARY OF SPECIFIC PROVISIONS:
Section 1. Adds a new subdivision 10 to Section 89 of the Public Offi-
cers Law, which will 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 copy-
right.
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 not 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 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 govern-
ment 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.
 
PRIOR LEGISLATIVE HISTORY:
A. 1700 and S. 479 of 2013/2014
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:
There are no fiscal implications to the State, and minimal fiscal impli-
cations to the municipality.
 
EFFECTIVE DATE:
This act shall take effect on the 60th day after it has become law.