What's happening
This bill waives copyright protection for government records required to be disclosed, with exceptions for artistic, scientific, or commercial uses.
Why it matters
Increases public access to government information. By waiving copyright protections on most government records required to be disclosed, the bill makes it easier for individuals, journalists, and organizations to use, share, and republish government information without legal barriers or the need for permission.
Encourages transparency and accountability. Removing copyright restrictions on these records can help watchdog groups, researchers, and the general public scrutinize government actions, policies, and spending more thoroughly, supporting democratic oversight.
Protects specialized content and commercial interests. The bill carves out exceptions for records reflecting artistic creation, scientific or academic research, or for records the government intends to sell or license, meaning valuable intellectual property or commercial ventures by government agencies retain protection, balancing openness with other interests.
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Who cares
Headline styles
Limit Agency Copyright Claims
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to investigations and government operations
- 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.
Limit State Copyright Claims
In Senate Committee · Investigations And Government Operations · Sponsor Sandy Galef
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1205
2017-2018 Regular Sessions
IN SENATE
January 6, 2017
Introduced by Sen. CARLUCCI -- 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 Assembly, 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.
LBD01944-01-7
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
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
2015-16: S2171/A3489 - Investigations and Gov't Ops/Passed Assembly 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.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.