What's happening
This bill requires New York government agencies to waive copyright on most public records, with exceptions for specific creative or commercial works.
Why it matters
Expands public access to government information. by making most agency-created records freely usable, which can support transparency, watchdog journalism, academic research, and innovation by removing copyright barriers.
Carves out important exceptions. for works involving artistic creation, scientific or academic research, or materials intended for commercial distribution, balancing open access with the need to protect valuable intellectual property and agency revenue streams.
Empowers agencies to choose. whether or not to waive copyright in exceptional cases, allowing flexibility for situations where retaining copyright is in the public or agency’s interest.
Could facilitate civic tech and public engagement. by enabling developers, journalists, and citizens to reuse and remix public records without legal risk, potentially leading to new tools, analyses, and services built on government data.
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Who cares
Headline styles
Limit Government Copyright Claims
Plain English, a few words. Used as the page title.
Sponsors
History
- Ordered to third reading cal.217
- Returned to assembly
- Died in senate
- Referred to investigations and government operations
- Delivered to senate
- Passed assembly
- Advanced to third reading cal.90
- Reported
- Referred to governmental 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 Government Copyright Claims
In Senate Committee · Investigations And Government Operations · Sponsor David Carlucci
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
S. 3793 A. 5636
2019-2020 Regular Sessions
SENATE - ASSEMBLY
February 14, 2019
IN SENATE -- Introduced by Sen. CARLUCCI -- read twice and ordered printed, and when printed to be committed to the Committee on Investigations and Government Operations
IN ASSEMBLY -- Introduced by M. of A. GALEF, PAULIN, LUPARDO, JAFFEE, OTIS, ABINANTI -- Multi-Sponsored by -- M. of A. COOK, GOTTFRIED, PERRY, L. ROSENTHAL, SIMON -- read once and referred to the Committee on Governmental 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.
LBD00240-01-9
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.