I would question where or not a state copyright law would have any teeth, since federal copyright law pre-empts same...:) And the answers to many of the questions are resolved via litigation, so the real question might be, are you willing to run the risk of litigation and if so, see it through to final decision....:) Remember, advice from a lawyer is not a defense....:) and many lawyers have many opinions and that's how things end up in ligitation....:) This isn't fast...I don't think the list was meant for a disertation on the subject....:) Copyright is rift with nuances and as stated above...many questions probably can only be resolved via litigation....:) ----Original Message Follows---- From: Peter Hirtle <[log in to unmask]> Reply-To: Peter Hirtle <[log in to unmask]> To: [log in to unmask] Subject: Re: [ARCHIVES] Digitization of microforms Date: Tue, 25 Jul 2006 13:14:44 -0400 Yet another comment noted: >Recorded public records or public records in the US have no copyrights!! Works of the Federal government in the US do not have copyright, but the situation with state and local government records is much more complex. In general, these records are copyrighted - though some states explicitly identify some material as belonging to the public domain (the Illionis state code, for example, or Kentucky Supreme Court decisions). Some court decisions have suggested that the law (state and local) cannot be copyrighted. And purely factual information in public records cannot be copyrighted. But that is a far remove from saying that all public records in the US are in the public domain. In sum, when assessing any response to a complex question posted to the list, I would be highly suspicious of any response that either comes too quickly or comes from someone who responds too often. Peter Hirtle A posting from the Archives & Archivists LISTSERV List sponsored by the Society of American Archivists, www.archivists.org. For the terms of participation, please refer to http://www.archivists.org/listservs/arch_listserv_terms.asp. To subscribe or unsubscribe, send e-mail to [log in to unmask] In body of message: SUB ARCHIVES firstname lastname *or*: UNSUB ARCHIVES To post a message, send e-mail to [log in to unmask] Or to do *anything* (and enjoy doing it!), use the web interface at http://listserv.muohio.edu/archives/archives.html Problems? Send e-mail to Robert F Schmidt <[log in to unmask]>