Senate Bill S3988A

2021-2022 Legislative Session

Relates to the ability of government agencies in New York to claim copyright protection

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Investigations And Government Operations 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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Bill Amendments

2021-S3988 - Details

See Assembly Version of this Bill:
A4499
Current Committee:
Senate Investigations And Government Operations
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
2013-2014: S4798, A1700
2015-2016: S2171, A3489
2017-2018: S1205, A2401
2019-2020: S3793, A5636
2023-2024: A4453

2021-S3988 - Summary

Waives the ability of government agencies in New York to claim copyright protection except where the record reflects artistic, creative or scholarly works of authorship, academic course materials, or scientific or academic research, or if the copyright owner intends to distribute the record of derivative work based on it to the public by sale or other transfer of ownership.

2021-S3988 - Sponsor Memo

2021-S3988 - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3988
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 1, 2021
                                ___________
 
 Introduced  by  Sen. REICHLIN-MELNICK -- read twice and ordered printed,
   and when printed to be committed to the  Committee  on  Investigations
   and Government 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.
   § 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.
                                                            LBD08312-01-1

2021-S3988A (ACTIVE) - Details

See Assembly Version of this Bill:
A4499
Current Committee:
Senate Investigations And Government Operations
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
2013-2014: S4798, A1700
2015-2016: S2171, A3489
2017-2018: S1205, A2401
2019-2020: S3793, A5636
2023-2024: A4453

2021-S3988A (ACTIVE) - Summary

Waives the ability of government agencies in New York to claim copyright protection except where the record reflects artistic, creative or scholarly works of authorship, academic course materials, or scientific or academic research, or if the copyright owner intends to distribute the record of derivative work based on it to the public by sale or other transfer of ownership.

2021-S3988A (ACTIVE) - Sponsor Memo

2021-S3988A (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3988--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 1, 2021
                                ___________
 
 Introduced  by  Sen. REICHLIN-MELNICK -- read twice and ordered printed,
   and when printed to be committed to the  Committee  on  Investigations
   and  Government Operations -- recommitted to the Committee on Investi-
   gations and Government Operations in accordance with  Senate  Rule  6,
   sec.  8  --  committee  discharged, bill amended, ordered reprinted as
   amended and recommitted to said committee
 
 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 11 to read as follows:
   11.  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 OR INCLUDES ARTISTIC, CREATIVE OR SCHO-
 LARLY  WORKS  OF AUTHORSHIP, ACADEMIC COURSE MATERIALS, OR SCIENTIFIC OR
 ACADEMIC RESEARCH, OR IF THE COPYRIGHT OWNER 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 COPYRIGHT OWNER MAY IN ITS DISCRETION
 ELECT TO WAIVE ANY SUCH COPYRIGHT.
   § 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.
                                                            LBD08312-04-2

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