Copyright status of works by subnational governments of the United States: Difference between revisions
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Umm.... DC and PR ARE 'organized territories'. The code mentions them separately, but it seems to be well established that they are (per Organic Act) but American Samoa remains technically unorganized |
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The '''copyright status of work by U.S. state governments''' is defined by the respective [[state law]]s as opposed to the federal [[copyright status of work by the U.S. government]]. |
The '''copyright status of work by U.S. state governments''' is defined by the respective [[state law]]s as opposed to the federal [[copyright status of work by the U.S. government]]. |
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The federal law does not apply to works of state or municipal governments, |
The federal law does not apply to works of state or municipal governments, or "organized territories" under the jurisdiction of the U.S. Government.<ref name="206.02e">[[Compendium II: Copyright Office Practices]], § [http://ipmall.info/hosted_resources/CopyrightCompendium/chapter_0200.asp 206.02(e)]</ref> |
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Many state and local governments copyright their works.<ref>http://www.cendi.gov/publications/04-8copyright.html#313</ref> |
Many state and local governments copyright their works.<ref>http://www.cendi.gov/publications/04-8copyright.html#313</ref> |
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==Organized and Unorganized Territories== |
==Organized and Unorganized Territories== |
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The U.S. Copyright Office does not take a position on whether "organized territories" under the jurisdiction of the U.S. Government (such as [[Guam]] |
The U.S. Copyright Office does not take a position on whether "organized territories" under the jurisdiction of the U.S. Government (such as [[Guam]], the [[U.S. Virgin Islands]]<ref>Compendium II: Copyright Office Practices, § [http://ipmall.info/hosted_resources/CopyrightCompendium/chapter_1100.asp 1102.08(a)]</ref> the [[District of Columbia]],<ref>[[Compendium II: Copyright Office Practices]], § [http://ipmall.info/hosted_resources/CopyrightCompendium/chapter_0200.asp 206.02(c)]</ref> and [[Puerto Rico]],<ref>[[Compendium II: Copyright Office Practices]], § [http://ipmall.info/hosted_resources/CopyrightCompendium/chapter_0200.asp 206.02(d)]</ref> fall under section 105; it accepts such registrations under its "rule of doubt", preserving the issue for a court to decide.<ref name="206.02e"/> "[[Unorganized territories]]" (such as [[American Samoa]] and the former [[Trust Territory of the Pacific Islands]])<ref>Compendium II: Copyright Office Practices, § [http://ipmall.info/hosted_resources/CopyrightCompendium/chapter_1100.asp 1102.08(b)]</ref> are treated as the U.S. government and fall under § 105; their works lack copyright protection.<ref name="206.02e">[[Compendium II: Copyright Office Practices]], § [http://ipmall.info/hosted_resources/CopyrightCompendium/chapter_0200.asp 206.02(e)]</ref> |
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== Table == |
== Table == |
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Revision as of 07:03, 24 June 2013
The copyright status of work by U.S. state governments is defined by the respective state laws as opposed to the federal copyright status of work by the U.S. government.
The federal law does not apply to works of state or municipal governments, or "organized territories" under the jurisdiction of the U.S. Government.[1]
Many state and local governments copyright their works.[2]
California
In the state of California the California Appeals Court (with statewide jurisdiction) in County of Santa Clara v. California First Amendment Coalition has ruled that the government may not claim copyright on public records.[3] The California Public Records Act states that agencies with custody of "public records are open to inspection at all times during the office hours" [4][5]
North Carolina
North Carolina statute holds that, "The public records and public information compiled by the agencies of North Carolina government or its subdivisions are the property of the people."[6]
Florida
The Florida Constitution requires most works produced by the Government of Florida and any county, district, authority, or municipal officer, department, division, board, bureau, commission, or other separate unit of government created or established by law be considered to be in the public domain.[7]
Organized and Unorganized Territories
The U.S. Copyright Office does not take a position on whether "organized territories" under the jurisdiction of the U.S. Government (such as Guam, the U.S. Virgin Islands[8] the District of Columbia,[9] and Puerto Rico,[10] fall under section 105; it accepts such registrations under its "rule of doubt", preserving the issue for a court to decide.[1] "Unorganized territories" (such as American Samoa and the former Trust Territory of the Pacific Islands)[11] are treated as the U.S. government and fall under § 105; their works lack copyright protection.[1]
Table
See also
References
- ^ a b c Compendium II: Copyright Office Practices, § 206.02(e)
- ^ http://www.cendi.gov/publications/04-8copyright.html#313
- ^ http://www.wired.com/threatlevel/2009/10/gis_data/
- ^ California Public Records Act, GOVT. CODE §§ 6250 - 6276.48
- ^ http://www.leginfo.ca.gov/cgi-bin/displaycode?section=gov&group=06001-07000&file=6250-6270
- ^ North Carolina General Statutes § 132‑1(b)
- ^ Florida Constitution Article I, §24(a)
- ^ Compendium II: Copyright Office Practices, § 1102.08(a)
- ^ Compendium II: Copyright Office Practices, § 206.02(c)
- ^ Compendium II: Copyright Office Practices, § 206.02(d)
- ^ Compendium II: Copyright Office Practices, § 1102.08(b)
- ^ Compendium II: Copyright Office Practices, § 206.02(c)
- ^ Compendium II: Copyright Office Practices, § 206.02(e)
- ^ Compendium II: Copyright Office Practices, § 206.02(d)