NY State Senate Bill 2013-S4798

Archive: Last Bill Status - In Senate Committee Rules Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 20, 2014	committed to rules
Jan 23, 2014	advanced to third reading
Jan 22, 2014	2nd report cal.
Jan 14, 2014	1st report cal.26
Jan 08, 2014	referred to investigations and government operations
Jun 21, 2013	committed to rules
Jun 04, 2013	advanced to third reading
Jun 03, 2013	2nd report cal.
May 30, 2013	1st report cal.839
Apr 24, 2013	referred to investigations and government operations

Votes

- Jan 14, 2014 - Investigations And Government Operations Committee Vote
  S4798
  
  7
  
  Aye
  
  0
  
  Nay
  
  2
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Investigations And Government Operations Committee Vote: Jan 14, 2014
      
      aye (7)
      
      Carlucci
      
      Diaz
      
      Golden
      
      Hoylman-Sigal
      
      Marcellino
      
      Nozzolio
      
      O'Mara
      
      aye wr (2)
      
      Squadron
      
      Zeldin
  May 30, 2013 - Investigations And Government Operations Committee Vote
  S4798
  
  6
  
  Aye
  
  0
  
  Nay
  
  2
  
  Aye with Reservations
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Investigations And Government Operations Committee Vote: May 30, 2013
      
      aye (6)
      
      Carlucci
      
      Golden
      
      Hoylman-Sigal
      
      Marcellino
      
      Nozzolio
      
      O'Mara
      
      aye wr (2)
      
      Squadron
      
      Zeldin
      
      excused (1)
      
      Diaz

2013-S4798 (ACTIVE) - Details

See Assembly Version of this Bill:: A1700
Current Committee:: Senate Rules
Law Section:: Public Officers Law
Laws Affected:: Amd §89, Pub Off L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S3659, A5726
2011-2012: S1837, A6787
2015-2016: S2171, A3489
2017-2018: S1205, A2401
2019-2020: S3793, A5636
2021-2022: S3988, A4499
2023-2024: A4453

2013-S4798 (ACTIVE) - Summary

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.

2013-S4798 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S4798

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:  To guarantee that copyright claims should not chill the
desire or ability of citizens to use public records or serve as an
impediment to the economic interests of the State.

SUMMARY OF PROVISIONS:

Section 1. Section 89 of the public officers law is amended by adding
a new subdivision 10 to read as follows:

10. Any copyright in a record prepared by an agency that is disclosed
pursuant to the provisions of this article is waived, except if such
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 agency may in its discretion waive any such copyright.

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 no 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 are 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 government 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.

LEGISLATIVE HISTORY:  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: Undetermined.

EFFECTIVE DATE:  This act shall take effect on the sixtieth day after
it has becomes law.

2013-S4798 (ACTIVE) - Bill Text download pdf

                            
                    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:

  Section 1. Section 89 of the public officers law is amended by  adding
a new subdivision 10 to 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 COPYRIGHT.
  S  2.  This  act  shall take effect on the sixtieth day after it shall
have become a law.





 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04858-01-3

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Senate Bill S4798

Sponsored By

Archive: Last Bill Status - In Senate Committee Rules Committee

Jan 14, 2014 - Investigations And Government Operations Committee Vote

Investigations And Government Operations Committee Vote: Jan 14, 2014

May 30, 2013 - Investigations And Government Operations Committee Vote

Investigations And Government Operations Committee Vote: May 30, 2013

2013-S4798 (ACTIVE) - Details

2013-S4798 (ACTIVE) - Summary

2013-S4798 (ACTIVE) - Sponsor Memo

2013-S4798 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S4798

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Sponsored By

David Carlucci

Archive: Last Bill Status - In Senate Committee Rules Committee

2013-S4798 (ACTIVE) - Details

2013-S4798 (ACTIVE) - Summary

2013-S4798 (ACTIVE) - Sponsor Memo

2013-S4798 (ACTIVE) - Bill Text download pdf

Comments