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.
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
