Waives the ability of government agencies in New York to claim copyright protection except where the record reflects artistic creation, or scientific or academic research, or if the agency intends to distribute the record or derivative work based on it to the public by sale or other transfer of ownership.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A2401
SPONSOR: Galef (MS) 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 guarantee that copyright claims
should not chill the desire or ability of citizens to use public records
to serve as an impediment to the economic interests of the State.
SUMMARY OF SPECIFIC 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.
JUSTIFICATION:
The Copyright Act states that work produced for the U.S. Government by
its officers and employees should not be subject to copyright. However,
the omission of any mention of state and local governments in 17 U.S.C.
§ 105 creates a loophole allowing such lower bodies and their agencies
to seek copyright protection on work commissioned as fundamental duties
of government.
While it stops short of protecting ideas, 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 agency 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. 3489 and S. 2171 of 2015/216
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:
There are no fiscal implications to the State, and minimal fiscal impli-
cations to the municipality.
EFFECTIVE DATE:
This act shall take effect on the 60th day after it has become law.
