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

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