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Sponsors
Senator · Senate District 38
No co-sponsors yet.
History
- Committed to rules
- Advanced to third reading
- 2nd report cal.
- 1st report cal.26
- Referred to investigations and government operations
- Committed to rules
- Advanced to third reading
- 2nd report cal.
- 1st report cal.839
- Referred to investigations and government operations
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Relates to the ability of government agencies in New York to claim copyright protection
In Senate Committee · Investigations And Government Operations · Sponsor Sandy Galef
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's 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.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.