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A04453 Summary:

BILL NOA04453
 
SAME ASNo Same As
 
SPONSORRaga
 
COSPNSRSeawright
 
MLTSPNSR
 
Amd §89, Pub Off L
 
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.
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A04453 Actions:

BILL NOA04453
 
02/14/2023referred to governmental operations
03/15/2023reported referred to rules
03/15/2023reported
03/15/2023rules report cal.108
03/15/2023ordered to third reading rules cal.108
03/15/2023passed assembly
03/15/2023delivered to senate
03/15/2023REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
01/03/2024DIED IN SENATE
01/03/2024RETURNED TO ASSEMBLY
01/03/2024ordered to third reading cal.122
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A04453 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A4453
 
SPONSOR: Raga
  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 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 would clarify exceptions to copyright protections. Section two would set forth the effective date.   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.   PRIOR LEGISLATIVE HISTORY: 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 FOR STATE AND LOCAL GOVERNMENTS: None.   EFFECTIVE DATE: The sixtieth day.
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A04453 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          4453
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 14, 2023
                                       ___________
 
        Introduced  by  M. of A. RAGA -- 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 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.
                                                                   LBD09141-01-3
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