Copyright status of work by the Florida government
Encyclopedia
Under Florida's Constitution
and its statutes, Florida's public records are not permitted to claim copyright
unless the legislature specifically permits it. This includes a work made or received pursuant to law or ordinance or in connection with the transaction of official business by any state, regional, county, district, municipal, or other unit of government and their associated committees and divisions created or established by the laws of the Government of Florida
.
Text, communications, and images produced by the government of Florida and any county, region, district, authority, agency, or municipal officer, department, division, board, committee, bureau, commission, or other separate unit of government created or established by law are consequently in the public domain
according to court interpretation in Microdecisions, Inc. v. Skinner
.
There are various categories of works for which the legislature has specifically permitted copyright to be claimed, mostly for a few applications or development processes wherein the state derives income and while competing with private industries in the commercial realm, such as allowing the department of the lottery, the department of citrus, and some university research departments to secure copyrights for certain works that are expressly defined and narrowly limited.
The list of valid exemptions is culled regularly via a sunset policy to exclude items put on the list by error or via legislation passed within a recent session that does not conform to the laws. The state is attempting to streamline its exemptions and the current status of works claiming exemption must be verified as conforming to the laws before being presumed to be copyright since copyright may be claimed in error for things that remain a public record nonetheless.
:Category:Wikipedia articles incorporating text from public domain works of the State of Florida and
Florida Constitution
The Constitution of the State of Florida is the document that establishes and describes the duties, powers, structure and function of the government of the U.S. state of Florida, and establishes the basic law of the state....
and its statutes, Florida's public records are not permitted to claim copyright
United States copyright law
The copyright law of the United States governs the legally enforceable rights of creative and artistic works under the laws of the United States.Copyright law in the United States is part of federal law, and is authorized by the U.S. Constitution...
unless the legislature specifically permits it. This includes a work made or received pursuant to law or ordinance or in connection with the transaction of official business by any state, regional, county, district, municipal, or other unit of government and their associated committees and divisions created or established by the laws of the Government of Florida
Government of Florida
The government of Florida is a constitutional republic with three branches of government, including the executive branch consisting of the Governor of Florida and the other elected and appointed constitutional officers; the legislative branch, the Florida Legislature, consisting of the Senate and...
.
Text, communications, and images produced by the government of Florida and any county, region, district, authority, agency, or municipal officer, department, division, board, committee, bureau, commission, or other separate unit of government created or established by law are consequently in the public domain
Public domain
Works are in the public domain if the intellectual property rights have expired, if the intellectual property rights are forfeited, or if they are not covered by intellectual property rights at all...
according to court interpretation in Microdecisions, Inc. v. Skinner
Microdecisions, Inc. v. Skinner
Microdecisions, Inc. v. Skinner, 889 S.2d 871 , was a case before the Florida Second District Court of Appeal concerning whether the Collier County, Florida Property Appraiser could require prospective commercial users of the records created in his office to first enter into alicensing agreement....
.
Exemptions
The bar on copyright extends to 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 records exempted [specifically by statute or specifically made exempt or] confidential by the Constitution. [It] specifically includes the legislative, executive, and judicial branches of government and each agency or department created thereunder; counties, municipalities, and districts; and each constitutional officer, board, and commission, or entity created pursuant to law or [the Florida] Constitution."There are various categories of works for which the legislature has specifically permitted copyright to be claimed, mostly for a few applications or development processes wherein the state derives income and while competing with private industries in the commercial realm, such as allowing the department of the lottery, the department of citrus, and some university research departments to secure copyrights for certain works that are expressly defined and narrowly limited.
The list of valid exemptions is culled regularly via a sunset policy to exclude items put on the list by error or via legislation passed within a recent session that does not conform to the laws. The state is attempting to streamline its exemptions and the current status of works claiming exemption must be verified as conforming to the laws before being presumed to be copyright since copyright may be claimed in error for things that remain a public record nonetheless.
See also
- Copyright status of work by the U.S. government
- Copyright status of work by the California government
- Microdecisions, Inc. v. SkinnerMicrodecisions, Inc. v. SkinnerMicrodecisions, Inc. v. Skinner, 889 S.2d 871 , was a case before the Florida Second District Court of Appeal concerning whether the Collier County, Florida Property Appraiser could require prospective commercial users of the records created in his office to first enter into alicensing agreement....
, 889 S.2d 871 (Fla. 2d Dist. App. 2004) - County of Santa Clara v. California First Amendment CoalitionCounty of Santa Clara v. California First Amendment CoalitionCounty of Santa Clara v. California First Amendment Coalition was a case before the California Courts of Appeal dealing with the ability of a local California agency to limit the disclosure of, or require license agreements for, public records and data requested under the California Public Records...
- Template:PD-FLGov
:Category:Wikipedia articles incorporating text from public domain works of the State of Florida and
- Wikipedia:PDOMG U.S. state-by-state template status