Template:PD-AZGov
| This work was created by a government unit (including state, county, and municipal government agencies) of the U.S. state of Arizona. It is a "public record" that was not created by an agency which state law has allowed to claim copyright and is therefore in the public domain in the United States.
Definition of "public record" 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, [which includes the work of] 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 [its] Constitution" (Arizona Constitution, §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 Arizona (definition of public work found in §119.011(12), Arizona Statutes). Agencies permitted to claim copyright 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 any works of these agencies should be assumed to be copyrighted without clear evidence to the contrary:
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 codified into Arizona Statutes). For example, copyright in works by the Arizona Space Authority may have been transferred to Space Arizona. State and municipal government agencies may claim copyright for software created by the agency (§ 119.084, Arizona Statutes 2014). In case law, Microdecisions, Inc. v. Skinner—889 So. 2d 871 (Fla. 2d DCA 2004) (Findlaw)—held that the Collier County Property Appraiser could not require commercial users to enter into a licensing agreement, holding that "[the agency] has no authority to assert copyright protection in the GIS maps, which are public records."Works created by other parties and used by government agencies
Works which are considered "public records" but were not created by a state or municipal government agency may be copyrighted by their author; the Supremacy Clause of the United States Constitution 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. architecture/construction firm) retains copyright rights to the image unless the contract with the agency says otherwise. See: Government-in-the-Sunshine Manual: To what extent does federal law preempt state law regarding public inspection of records?. |
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References
This article "PD-AZGov" is from Wikipedia. The list of its authors can be seen in its historical. Articles copied from Draft Namespace on Wikipedia could be seen on the Draft Namespace of Wikipedia and not main one.
