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.
Impact
The implications of S10193 are significant for state laws surrounding public access to governmental records. By waiving the copyright protections for most records, this bill facilitates easier access to information that can be crucial for public scrutiny and accountability. Supporters of the bill argue that this change is necessary to uphold the principle of government transparency, as public access to information is essential for informed citizen participation in governance. However, there may be concerns regarding the protection of creative works or proprietary materials within governmental records.
Summary
Bill S10193, introduced in the New York Senate, seeks to amend the public officers law regarding copyright protection for government agency records. The bill stipulates that any copyright in records required to be disclosed under this law is generally waived unless the record contains artistic, creative, or scholarly works, academic course materials, or scientific research. Additionally, if the copyright owner intends to publish or distribute the work, they may opt not to waive copyright. This aims to enhance transparency and accessibility of government documents, allowing citizens to have more access to public records without the hindrance of copyright claims.
Contention
Notably, S10193 raises several points of contention among lawmakers and stakeholders. Critics may argue that waiving copyright could undermine the rights of creators who contribute artistic or scholarly works within governmental contexts. There is a balance to be struck between public access and the rights of individual copyright holders. The discussion surrounding this bill will likely include considerations of how to protect creators' rights while also ensuring that government records remain accessible to the public. The bill invites debate on the essential tension between transparency in government operations and the intellectual property concerns related to creative works.
Same As
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.
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.
Prohibits assertions of copyright infringement where the amount demanded by the person making the assertion was not made in good faith or the claim or assertion of copyright infringement is based on copyrighted material that is in the public domain or for which the asserter lacks the authority to enforce the copyright.
Defines academic excellence relating to the New York state masters-in-education teacher incentive scholarship program as having a grade point average of three and one half or more on a four point scale.
Enacts the "deed theft: proof of sale price act" requiring a statement of the full sales price of real property being conveyed and proof of such sales price to be submitted to the recording officer in order for such officer to record or accept for recording the conveyance of real property.