Bill Text: NY A04499 | 2021-2022 | General Assembly | Amended

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Bill Title: Waives the ability of government agencies in New York to claim copyright protection except where the record reflects artistic, creative or scholarly works of authorship, academic course materials, or scientific or academic research, or if the copyright owner intends to distribute the record of derivative work based on it to the public by sale or other transfer of ownership.

Spectrum: Partisan Bill (Democrat 12-0)

Status: (Engrossed - Dead) 2022-05-17 - REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS [A04499 Detail]

Download: New_York-2021-A04499-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         4499--A
                                                                Cal. No. 150

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                    February 4, 2021
                                       ___________

        Introduced  by M. of A. GALEF, PAULIN, ABINANTI, OTIS, LUPARDO, JACKSON,
          SAYEGH -- Multi-Sponsored by -- M. of A.  COOK,  GOTTFRIED,  L. ROSEN-
          THAL, SIMON -- read once and referred to the Committee on Governmental
          Operations  --  ordered  to  a  third  reading,  amended  and  ordered
          reprinted, retaining its place on the order of third reading

        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 Assem-
        bly, do enact as follows:

     1    Section 1. Section 89 of the public officers law is amended by  adding
     2  a new subdivision 11 to read as follows:
     3    11.  Any  copyright in a record prepared by an agency that is required
     4  to be disclosed pursuant to the provisions of this  article  is  waived,
     5  except where the record reflects or includes artistic, creative or scho-
     6  larly  works  of authorship, academic course materials, or scientific or
     7  academic research, or if the copyright owner intends to  distribute  the
     8  record  or  a derivative work based on it to the public by sale or other
     9  transfer of ownership, or by rental, lease, or license.  If any  of  the
    10  foregoing  exceptions  apply,  the copyright owner may in its discretion
    11  elect to waive any such copyright.
    12    § 2. This act shall take effect on the sixtieth  day  after  it  shall
    13  have become a law.




         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08312-05-2