What's happening
This bill waives copyright for most government agency records required to be disclosed, with exceptions for artistic, scientific, or commercial distribution purposes.
Why it matters
Makes most government records truly public. By waiving copyright on agency records that must be disclosed, this bill makes it easier for anyone to use, share, or republish government information without legal barriers, enhancing transparency and civic engagement.
Limits on waiver protect creative and valuable works. The exceptions ensure that records involving artistic creation, scientific or academic research, or those intended for commercial distribution by the agency remain protected, balancing openness with the need to safeguard specialized or revenue-generating content.
Gives agencies some discretion. Even when exceptions apply, agencies can still choose to waive copyright, enabling flexibility for cases where broader public access is in the public interest.
Could impact open data, journalism, and innovation. By reducing copyright constraints, the bill could encourage more widespread analysis and re-use of government data and documents by journalists, researchers, businesses, and the general public, potentially leading to greater innovation and accountability.
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Who cares
Headline styles
Limit Government Copyright Claims
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 38
No co-sponsors yet.
History
- Referred to investigations and government operations
- Committed to rules
- Advanced to third reading
- 2nd report cal.
- 1st report cal.271
- 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 Government Copyright Claims
Assembly Floor Calendar · Sponsor Sandy Galef
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.
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 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.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.