BILL NUMBER: S10193
SPONSOR: BYNOE
 
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:
The purpose of this bill is to eliminate the ability for New York
State's government agencies to claim copyright protection.
 
SUMMARY OF PROVISIONS:
Section one of this bill would add a new subdivision 11 to Section 89 of
the Public Officers Law which reads as follows: "11. 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 or includes artistic, creative or scholarly works of author-
ship, academic course materials, or scientific or academic research, or
if the copyright owner 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 copyright owner may in its discretion elect to waive any such
copyright."
Section two establishes that this act shall take effect on the sixtieth
day after it shall have become law.
 
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, can seek copy-
right 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, copy-
right should not be claimed or applied to works by an agency that is
obligated by law to produce a record.
 
LEGISLATIVE HISTORY:
A.5008 of 2025-2026
A.4453 of 2023-2024
A.4499-A and S.3988-A of 2021-2022
A.5636 and S. 3793 of 2019-2020
A.2401 and S.1205 of 2017-2018
A.3489 and S.2171 of 2015-2016
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:
None to the State.
 
EFFECTIVE DATE:
This act shall take effect on the sixtieth day after it shall have
become law.

Statutes affected:
S10193: 89 public officers law