Galef’s Bill to Protect Access to Public Records Passes Assembly

(March 12, 2019) Assemblywoman Sandy Galef announced today that her legislation prohibiting government agencies in New York from claiming copyright protections has passed in the Assembly and is on the calendar in the Senate. This bill, A5636/S3793 (sponsored by Carlucci in the Senate), will ensure that copyright claims will not hinder the ability of the people to access and use public records. This bill passed the Assembly today as part of “Sunshine Week,” a week in which the Assembly passes a package of bills aimed at increasing government transparency.

Every year in celebration of Sunshine Week, the Assembly reinforces its dedication to strengthening public participation and transparency in government by voting on bills that provide citizens greater access to government materials. Galef’s copyright legislation will allow more of the government’s records to be available the public without the concern of copyright protections and infringements.

Although the Copyright Act states that work produced for the U.S. Government by its officers and employees is not subject to copyright, it does not mention state and local governments. This loophole allows state and local governments to seek copyright protection on work done as fundamental duties of government. Copyrights and similar protections, such as patents, will still be justifiable when the record reflects artistic creation, or scientific or academic research. The bill also does not prohibit materials from being withheld if the government agency plans to distribute the record or derivative work based on it to the public by sale or other transfer of ownership.

“Copyrights should not be claimed in circumstances in which people and businesses should be able to view and use public records which they have essentially paid for already as taxpayers,” said Assemblywoman Galef. “Unfortunately there have been instances when state and local governments have failed to allow the public access to this information. The legislature must continue to support proposals to make it easier for the people to access records so they can use this information to make informed decisions. I look forward to advocating for additional legislation to make New York State government more transparent in its actions.”

Other bills included in the Sunshine Week package, were:

• Assemblyman McDonald’s bill A.3832 (co-sponsored by Galef), the “LLC Landlord Transparency Bill,” which requires the disclosure of the names and addresses of members, managers, or other authorized persons of a limited liability company when such limited liability company executes a lease agreement in which the State of New York is the tenant.

• Assemblyman Engelbright’s bill A.3939 (co-sponsored by Galef), clarifying certain provisions of FOIL and other disclosure laws to make sure that people are not wrongfully denied access to public records.

• Assemblyman Engelbright’s bill A.4061 (co-sponsored by Galef), clarifying that the name of a retiree in a public employees' retirement system is subject to disclosure under FOIL.

• Assemblyman Zebrowski’s bill A.4668 (co-sponsored by Galef), requiring that political mailings disclose their sources of funding, ending anonymous mailings.

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