BILL NUMBER: S3793

SPONSOR: CARLUCCI
 
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 eliminate the ability for New York
State's government agencies to claim copyright protection.

 
SUMMARY OF 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.

 
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):

This portion of the memo is not applicable at this time.

 
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 are able to seek
copyright 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, copyright should not be claimed or applied to works by an agen-
cy that is obligated by law to produce a record, nor should any fee -
other than one associated with the cost of reproducing that record - be
charged to the public who has already paid for its creation through
taxpayer dollars, and as such, is part of the public domain.

 
PRIOR LEGISLATIVE HISTORY:

A.2401 and S.1205 of 2017/2018
A.3489 and S.2171 of 2015/2106
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 FOR STATE AND LOCAL GOVERNMENTS:

There are no fiscal implications to the State, and only

 
EFFECTIVE DATE:
This act takes effect on the 60th day after becoming law.