BILL NUMBER:S2171

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. Effective date.

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:

2013-14: S4798/A1700 - Third Reading Calendar/Passed Assembly

FISCAL IMPLICATIONS:

Undetermined.


EFFECTIVE DATE:

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