Some materials published by state or local governments—unlike works of the federal government—may be copyrighted.[1] This means that a report published by a state department of transportation may be protected. As more and more states place more and more information on their websites, states are publicizing their perceived intellectual property rights. For example, here is what the state of Florida writes about its “MyFlorida” website:
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.[2]
Who are these Cocoanuts? The State of Florida claims copyright not only in its website as a compilation (discussed below), but in all of the materials in the website. That is simply incorrect. State or local governmental works such as court decisions, statutes, regulations, ordinances, and attorney general opinions—in other words, the law—may not be copyrighted.[3]
Some words of caution: Although judicial decisions are not protected by copyright, two federal appeals courts had differing conclusions as to whether a publisher may claim copyright in a compilation of court decisions that are published as case reporters. In 1986, the U.S. Court of
- ↑ Although most states do not expressly claim copyright in all state publications, there are exceptions. Pennsylvania, for example, gives its Department of General Services the power and the duty “to copyright, in the name of the Commonwealth, all publications of the Commonwealth, or of any department, board, or commission or officer thereof, including the State Reports … .” Pa. Stat. Ann. tit. 71, § 636(i) (West 2010).
- ↑ MyFlorida.com Copyright Statement: Conditions of Use, available at http://www.myflorida.com/myflorida/copyright.html.
- ↑ Banks v. Manchester, 128 U.S. 244, 253–54 (1888); Wheaton v. Peters, 33 U.S. 591, 668 (1834); Veeck v. S. Bldg. Code Cong. Int’l, 293 F.3d 791, 796 (5th Cir. 2002) (en banc).
