Talk:Copyright status of works by the government of Florida

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but the right to prevent derivative works and commercial gain. Public records merely mean that the public has a right to *inspect* the works (and realistically, probably make copies) but in no way implies those other rights. Copyrighted material used as evidence in court cases most definitely does not lose its copyright even though it becomes a public record. Florida's courts have apparently decided that by default public records, if created by the government, are in fact public domain copyright-wise, contrary to most other states which still keep copyright over works they create. As the document I linked to points out though, the ruling also allows the Florida government to pass specific laws allowing either certain departments to keep copyright over their works, or to allow all government agencies to keep copyright over certain types of work. The copyright status is therefore still a decision of the legislature and is not mandated by the state constitution (I think the ruling was based more on the actual public records law, and not just the constitutional wording). And in fact, they have passed a number of laws allowing several departments to keep their copyright. One is the Department of State, which does run a lot of their websites, so a lot of material is definitely

163:, "MyFlorida.com is owned and operated by THE STATE OF FLORIDA, DEPARTMENT OF MANAGEMENT SERVICES (referred to as "DMS" herein). No material from MyFlorida.com or any Web site owned, operated, licensed or controlled by THE STATE OF FLORIDA or DMS may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. Materials may be downloaded on any single personal computer, for non-commercial use only providing all copyright and other proprietary notices are kept intact. Modification of the materials or use of the materials for any other purpose is a violation of THE STATE OF FLORIDA and DMS's copyright and other proprietary rights. For purposes of this Agreement, the use of any such material on any other Web site or networked computer environment is prohibited. All trademarks, service marks, and trade names are proprietary to THE STATE OF FLORIDA and DMS." Hence, the State of Florida is claiming copyright of materials produced in "official business by... state, county, district, or other unit of government created or established by law of the Government of Florida" (to quote the article's face). I note, too, that myflorida.com bears a clear notice: Copyright 2008 State of Florida. Likewise, the 660:

reproduction. § 119.07(1)(a). This mandate overrides a governmental agency's ability to claim a copyright in its work unless the legislature has expressly authorized a public records exemption. See Art. I. § 24, Fla. Const.; see also Op. Att'y Gen. Fla. 03-42 (2003) (stating that in the absence of statutory authorization and "in light of Florida's Public Records Law, Palm Beach County is not authorized to obtain copyright protection and require license agreements for its Geographic Information Systems (GIS) and related data in order to regulate and authorize redistribution of these materials for commercial use"); Op. Att'y Gen. Fla. 88- 23 (1988) (reciting that State Attorneys may not, without statutory authority, assert copyright in training films they produced); accord Op. Att'y Gen. Fla. 00-13 (2000) (" state agency is not authorized to secure or hold a trademark in the absence of specific

643:." (Microdecisions, Inc. v. Skinner, page 7.) That's an important difference, and kind of has something to do with the "copy" and "rights" parts of "copyrights". As per the "which doesn't (necessarily) imply fully copyright (derivative works or commercial works)" comment, again, your wrong. The Microdecisions case clearly stated "Since 1905, it has been clear that public records may be used in a commercial, profit-making business without the payment of additional fees." (Microdecisions, Inc. v. Skinner, page 7.) As per the "Most (if not all) other U.S. states have decided that way." comment, I can only find three such cases: Microdecisions, 761:, because those are the only works where the government would otherwise have been the copyright holder. The court decision specifically says "in its work", and not the work of others. Becoming a public record in no way implies a copyright transfer (which by federal law requires a signed, written agreement); works owned by third parties retain their copyright even if they are public records. Copyright owners can still prevent derivative works and commercial use; the court ruling just says the government can't be the copyright owner in many cases. 455:"That"? What? I don't understand your first 3 sentences. WRT #4, I think it would be better to describe what those exceptions are for. IIRC (I read that report a while ago) they are all to protect symbols that are used to indicate official action - e.g. that fruit met a regulation inspection, something was produced by the state, etc. So something like "The exceptions are generally to protect symbols that are used to indicate official action" would IMO be better than a list that could grow stale and would be impossible to verify as complete.-- 647:, and County of Suffolk v. First American Real Estate Solutions, 261 F.3d 179 (2001). That's only three, and its 2:1 in public domain's favor. (So I guess your right. :) As per the "Public records merely mean that the public has a right to *inspect* the works ... but in no way implies those other rights" comment, again, no. In Florida it also applies to making copies with no strings attached, ie no license. The relevant Microdecisions quote is: 74: 53: 1033: 84: 22: 757:

record, but its copyright ownership does not change. The constitution says nothing about copyright of public records -- obviously not, because it is still quite allowed if the legislature decides it should be (which it could not if it was constitutionally forbidden). The court case is the main driver here, and it applies only to public records

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by third parties. I would remove that part from the license. Additionally, there are also 5-10 agencies which are permitted to copyright their works (including the Department of State), so the license would not apply to their works, and those should be listed -- it is a fairly substantial list. See

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falls on whether it is (a) a public record and (b) is exempted by statute. If a public record cannot be copyrighted by the state (i.e. is not specifically exempted), then it holds that it is in the public domain because (a) the creator cannot claim copyright, (b) the creator cannot transfer copyright

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That is the right of inspection; which doesn't (necessarily) imply fully copyright (derivative works or commercial works). Most (if not all) other U.S. states have decided that way. In particular, the "or received" part would not be subject to the FLGov license, since copyright would still be held

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is a Florida Senate document which goes into a lot of detail on the situation and lists some of the known exceptions where copyright is retained; it was recommending extending specific legislation to let agencies own copyright in some software they had written. Some other items may be copyrighted if

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As per your "copyright would still be held by third parties" and "Copyrighted material used as evidence in court cases most definitely does not lose its copyright even though it becomes a public record" quotes: a plain reading of the statute and Constitution would certainly disagree, as it obviously

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U.S. states (UK law is not directly applicable) claim copyright on all works (including public records) created by the state (and copyright is always still held on public records created by others; those can not be used under the FLGov license). Copyright includes not only the right to make copies,

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holding "Skinner has no authority to assert copyright protection in ... public records" and "his mandate overrides a governmental agency's ability to claim a copyright in its work unless the legislature has expressly authorized a public records exemption" referring to the mandate of the people that

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Public records are works "made or received in connection with the official business of any public body, officer, or employee of the state, or persons acting on their behalf, the legislative, executive, and judicial branches of government and each agency or department created thereunder; counties,

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I don't think that's sufficient. The Florida courts may have determined that "public record" is the same as "public domain", but they are not universally synonymous. For example, in the United Kingdom, "The reproduction of photo-copies, verbatim transcripts or literal translation of records in the

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Sorry. While waiting to hear from Mike Godwin (our position: no official position), I lost track of this conversation. I would suggest, then, that we might want to expand this article to explain the legal background, including detailing information on this lawsuit, which would bring it into accord

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generally allow it, unless there are statutes with specific authorizations for copyright for specific types of public records. The ruling is linked in the tag; there is absolutely no confusion if you read its conclusion. This was a Florida district court decision, but the Florida Supreme Court

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No, it does not. The court decision merely says the government is not allowed (by default) to hold copyright on public records; it says nothing about third-party copyright holders. The government would not be claiming copyright in those anyways. Information received certainly becomes a public

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copyright-free. Additionally, there are laws meaning that works created by the Department of the Lottery, the Department of Transportation, the Department of Citrus, water management districts, and the Florida Institute of Phosphate Research are all still copyrighted, as well as projects of the

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UK copyright is evidence of nothing is the context of Florida law. (American common law and British common law have diverged significantly since America decided that the people are the source of their government's authority around 1776.) Some pompous feudal Lords' musings on the lowly commoner's

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pursuant to this section or specifically made confidential by this Constitution. This section specifically includes the legislative, executive, and judicial branches of government and each agency or department created thereunder; counties, municipalities, and districts; and each constitutional

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copyright owner may refuse to provide copies of the work or may charge whatever fee he wants for copies of the work or a license to use the work. The Florida public records law, on the other hand, requires State and local agencies to make their records available to the public for the cost of

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This is a question of terminology. "Public record" is not synonymous with "public domain", as Knowledge's own policies and guidelines note. Articles are written for readers anywhere, including those who are governed by pompous feudal Lords. This is why, as I said above, "Simply quoting the

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prevents state law from overriding the author's right to copyright protection that is granted by federal law. For example, a state agency may post images online of the final appearance of a building under construction; while the images may be "public records", their creator (eg.

381:. For example, "Many Public Records are not Crown copyright protected and users wishing to reproduce such material remain responsible for determining where ownership of the copyright rests and for obtaining the appropriate consents from the legal copyright holders.") See also 883:, §24) such as a work made or received pursuant to law or ordinance or in connection with the transaction of official business by any state, county, district, or other unit of government created or established by law of the State of Florida (definition of 679:

says "or received pursuant to law or ordinance or in connection with the transaction of official business". As for the rest of it, I look forward to seeing a citation in the article. And good find on the exemptions list! Keep up the hard work!

332:"(a) Every person has the right to inspect or copy any public record made or received in connection with the official business of any public body, officer, or employee of the state, or persons acting on their behalf, except with respect to 973:)—held that the Collier County Property Appraiser could not require commercial users to enter into a licensing agreement, holding that " has no authority to assert copyright protection in the GIS maps, which are public records." 1240: 899:

Florida's Constitution and its statutes do not permit any agency to claim copyright for "public records" unless authorized to do so by law. The following agencies are permitted to claim copyright (as well as trademarks) and

485:"Public record" is not synonymous with "public domain." The UK copyright is evidence of that. The quote from the constitution does not verify public domain in the absence of the court case that interpreted it in that way. -- 1231: 1270:, I believe these articles should be moved. Thirdly, the article on the U.S. government copyright status is about works of the federal government, not works of subnational governments. Based on the principle of precision 306:

There can be no dispute: the facts are backed by sound, reliable, and verifiable source. (Mainly, the Government of Florida.) Since the original disputer has rescinded claims of dispute, I am removing the disputed tag.

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This is not based on a statute; it is based on a Florida court decision on a case involving copyright of public records. Most states allow such copyright, however, the Florida courts ruled that Florida law does

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Statutory and constitutional law defines public records quite clearly. (Constitution Article I, §24(a); Florida Statutes §119.011(12); Florida Statutes §119.01(1)) The common law holds that public records

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into Florida Statutes). For example, copyright in works by the Florida Space Authority may have been transferred to Space Florida. State and municipal government agencies may claim copyright for software

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there is a Florida statute (by 2/3 decision) which specifically allows copyright, and some agencies may have delegated authority to claim copyright. It might be good to list those known exceptions.

1274:, this is also another reason why this article should be moved. Please leave your comments below. Also, if you have any questions for me, please leave them down below. I will be watching this page. 644: 607:

Florida Space Authority, plus computer software, and instructional materials and their ancillary written documents made by any government department. Those are all cited in that document.

1236: 185:". Florida permits access to public records, but it does not release the text for modification and reuse, as it would have to do if the material were public domain. The statute page 1222: 952:

Works by defunct state agencies may be copyrighted if these rights were transferred to a new or different agency (note that legislation transferring such right may not have been

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because that would require they at least temporarily hold copyright, and (c) a third party cannot claim copyright on something they did not create or acquire copyright on.

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of yours helps to address some of that. More detail on that court case here would probably be useful, since it is evidently the landmark case for determining that

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officer, board, and commission, or entity created pursuant to law or this Constitution." Readers can follow the link to read parts (c) and (d), which defines the

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The information provided, especially the list of agencies permitted to claim copyright, may not be complete. Knowledge and the Wikimedia Foundation make

1352: 385:. Simply quoting the constitution referring to "public records" does not indicate why, in this case, public records may be legally public domain. -- 138: 128: 103: 981:

Works which are considered "public records" but were not created by a state or municipal government agency may be copyrighted by their author; the

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public records be freely available.) Therefore, if it meets the classification of "public record", it is not not copyright-able, unless exempted.

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municipalities, and districts; and each constitutional officer, board, and commission, or entity created pursuant to law or Constitution" (

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Adding Copyright notices to a website is S.O.P., however, this does not demonstrate that the Copyright claim is accurate or enforceable. In

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http://www.leg.state.fl.us/Statutes/index.cfm?Mode=Constitution&Submenu=3&Tab=statutes&CFID=3347894&CFTOKEN=65855692#A01S24

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Subsequent comments should be made in a new section on the talk page. Editors desiring to contest the closing decision should consider a

940: 986: 426: 245: 566:"public record" evidently is interpreted to mean "public domain", if not in England or some other parts of the United States. -- 990:

architecture/construction firm) retains copyright rights to the image unless the contract with the agency says otherwise. See:

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constitution referring to "public records" does not indicate why, in this case, public records may be legally public domain."

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Government-in-the-Sunshine Manual: To what extent does federal law preempt state law regarding public inspection of records?

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should be pluralized because it is unnatural to use work as a singular when referring to a work by someone. See

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to delete these "External links modified" talk page sections if they want to de-clutter talk pages, but see the

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This work was created by a government unit (including state, county, and municipal government agencies) of the

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I agre with Carl's and Gamweb's comments so far on this page. I'm happy with the page as is, but mention of

101:. If you would like to join us, please visit the project page; if you have any questions, please consult the 1152: 1058: 402:. Besides, UK copyright is presumptivly entirely irrelevant to an article on copyright of FL gov't work. -- 244:, under "Certiorari Denied"). The decision appears to be binding in Florida, and is cited in many places. 1067:

https://web.archive.org/web/20050504204411/http://www.2dca.org/opinion/December%2001,%202004/2D03-3346.pdf

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If you have discovered URLs which were erroneously considered dead by the bot, you can report them with

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The text of the statute suggests to me that this article may be based on a confusion between the terms "

39: 1057:. If you have any questions, or need the bot to ignore the links, or the page altogether, please visit 240:) and there was an appeal to the United States Supreme Court, who also declined to hear the case (see 1091: 880: 762: 608: 430: 250: 1275: 1271: 1032: 832: 766: 738: 612: 567: 486: 434: 386: 277: 254: 190: 168: 1070: 241: 1251: 1207: 953: 1193:

after discussing it on the closer's talk page. No further edits should be made to this section.

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before doing mass systematic removals. This message is updated dynamically through the template

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created by an agency which state law has allowed to claim copyright and is therefore in the

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with U.S. government redirecting there. The article on the Florida government is called

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If you found an error with any archives or the URLs themselves, you can fix them with

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with Florida government redirecting there. Based on the principles of consistency

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in article titles. For example, the article on the U.S. government is called

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Huh? Sufficient for what? I said "including". See the change I made to

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Lest it be lost in the length here, I've responded to you further up. --

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How 'bout including this quote from the constitution in the article? :

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the right of inspection, but "for the purpose of inspection thereof,

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Florida Department of Citrus – §601.101, Florida Statutes (2014)

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http://www.2dca.org/opinion/December%2001,%202004/2D03-3346.pdf

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Florida Department of State – §286.031, Florida Statutes (2014)

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any works of these agencies should be assumed to be copyrighted

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Works created by other parties and used by government agencies

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Subsequent comments should be made in a new section on this

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When you have finished reviewing my changes, please set the

1246:– There are a few reasons for this move request. Firstly, 1061:

for additional information. I made the following changes:

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1054: 947:– §1004.23(1) and §1004.726(1), Florida Statutes (2014) 559: 1223:

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A handbook of copyright in British publishing practice

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The above discussion is preserved as an archive of a

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interpreted it in that way (See my comments below.)

1113:using the archive tool instructions below. Editors 961:by the agency (§ 119.084, Florida Statutes 2014). 285:

Are you still disputing something? If so, what? --

1332:. No further edits should be made to this section. 1219:Copyright status of work by the Florida government 1051:Copyright status of work by the Florida government 515:rights is of no concern here. And yes, the court 378:public domain in the UK can be complicated (see 1228:Copyright status of work by the U.S. government 654: 1099:This message was posted before February 2018. 357:Public Record Office may infringe copyright." 8: 706:be copyrighted by the state quite clearly. ( 19: 1179:The following is a closed discussion of a 1049:I have just modified one external link on 827:Just putting this somewhere easy to find: 597:"That" meaning the constitutional quote. 47: 1005:of the information in this template (see 911:– §334.049(1)(a), Florida Statutes (2014) 1003:no guarantee of the adequacy or validity 904:without clear evidence to the contrary: 668:Microdecisions, Inc. v. Skinner, page 9. 1260:Federal government of the United States 805: 49: 932:– §373.608(1), Florida Statutes (2014) 926:– §331.305(4), Florida Statutes (2014) 920:– §24.105(10), Florida Statutes (2014) 1088:to let others know (documentation at 895:Agencies permitted to claim copyright 202:, 889 So. 2d 871 (Fla. 2d DCA 2004) ( 7: 1198:The result of the move request was: 969:—889 So. 2d 871 (Fla. 2d DCA 2004) ( 909:Florida Department of Transportation 95:This article is within the scope of 861:. It is a "public record" that was 38:It is of interest to the following 14: 1053:. Please take a moment to review 329:The Florida constitution states: 1031: 844: 663:statutory authority to do so.") 641:and of making extracts therefrom 82: 72: 51: 20: 1353:Mid-importance Florida articles 966:Microdecisions, Inc. v. Skinner 710:Microdecisions, Inc. v. Skinner 236:declined to hear the case (see 200:Microdecisions, Inc. v. Skinner 133:This article has been rated as 1172:Requested move 15 January 2019 1: 1167:17:52, 30 November 2016 (UTC) 874:Definition of "public record" 645:County of Santa Clara v. CFAC 113:Knowledge:WikiProject Florida 1358:WikiProject Florida articles 1348:Start-Class Florida articles 1308:02:48, 25 January 2019 (UTC) 1284:00:49, 15 January 2019 (UTC) 1212:07:05, 26 January 2019 (UTC) 116:Template:WikiProject Florida 383:Knowledge:PD#Public records 1374: 1202:per the discussion below. 1130:(last update: 5 June 2024) 1046:Hello fellow Wikipedians, 987:United States Constitution 930:Water management districts 259:14:08, 17 April 2009 (UTC) 220:18:09, 13 April 2009 (UTC) 194:17:40, 12 April 2009 (UTC) 172:17:16, 12 April 2009 (UTC) 139:project's importance scale 789:20:43, 30 July 2009 (UTC) 759:created by the government 363:(2 ed.). Cassell. p. 66. 132: 67: 46: 1322:Please do not modify it. 1254:. Secondly, I don't see 1186:Please do not modify it. 887:found in §119.011(12), 837:17:00, 26 May 2011 (UTC) 771:05:03, 28 May 2009 (UTC) 742:12:49, 26 May 2009 (UTC) 733:06:07, 26 May 2009 (UTC) 689:08:48, 26 May 2009 (UTC) 617:15:42, 19 May 2009 (UTC) 571:12:45, 26 May 2009 (UTC) 529:06:07, 26 May 2009 (UTC) 490:10:41, 19 May 2009 (UTC) 465:04:38, 19 May 2009 (UTC) 439:03:42, 19 May 2009 (UTC) 412:02:54, 19 May 2009 (UTC) 390:21:14, 10 May 2009 (UTC) 359:Cavendish, J.M. (1984). 351:00:54, 10 May 2009 (UTC) 317:23:34, 25 May 2009 (UTC) 295:02:56, 19 May 2009 (UTC) 165:Florida State Department 1042:External links modified 322:Quote the constitution? 281:16:14, 7 May 2009 (UTC) 871:in the United States. 671: 28:This article is rated 1264:Government of Florida 1111:regular verification 881:Florida Constitution 1101:After February 2018 1080:parameter below to 779:could improve it.-- 98:WikiProject Florida 1200:moved as requested 1155:InternetArchiveBot 1106:InternetArchiveBot 941:state universities 718:The question then 34:content assessment 1210: 1131: 1039: 1038: 1010: 823:Public Domain Tag 400:Template:PD-FLGov 153: 152: 149: 148: 145: 144: 1365: 1300: 1206: 1188: 1165: 1156: 1129: 1128: 1107: 1095: 1035: 1026: 1023: 1020: 1017: 997: 983:Supremacy Clause 889:Florida Statutes 848: 847: 841: 815: 810: 669: 373: 339:records exempted 334:records exempted 121: 120: 119:Florida articles 117: 114: 111: 92: 87: 86: 85: 76: 69: 68: 63: 55: 48: 31: 25: 24: 16: 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