1. Kraemer Copyright Conference
Copyright and Digitization and Perseveration of State Government Documents
A Detailed Analysis
Brett Currier: Director of Scholarly Communications here in the library; JD/MSLS from UNC
Kraemer Copyright Conference
June 7, 2016

2. About us
Brett D. Currier University of Texas at Arlington Director of Scholarly Communications Anne Gilliland University of North Carolina: Chapel Hill Scholarly Communications Officer Dave Hansen Clinical Assistant Professor of Law and Reference and Faculty Research Librarian

3. Defining state government
State government: “. . . an institution, board, commission, or department of: (A) the state or a subdivision of the state; or (B) a political subdivision of the state, including a municipality, a county, or any kind of district.” (Tex. Gov. Code § ).

4. Defining government documents
Government Document: Information that is written, produced, collected, assembled, or maintained under a law or ordinance or in connection with the transaction of official business: (1) by a governmental body; (2) for a governmental body and the governmental body: (A) owns the information; (B) has a right of access to the information; or (C) spends or contributes public money for the purpose of writing, producing, collecting, assembling, or maintaining the information; or (3) by an individual officer or employee of a governmental body in the officer's or employee's official capacity and the information pertains to official business of the governmental body.(a-1) Information is in connection with the transaction of official business if the information is created by, transmitted to, received by, or maintained by an officer or employee of the governmental body in the officer's or employee's official capacity, or a person or entity performing official business or a governmental function on behalf of a governmental body, and pertains to official business of the governmental body

5. Copyright Implication
Format Shifting
Digital Duplication
Public Display

6. Public domain status of government works
Federal Documents 17 USC 105
State documents protected by Copyright law

7. State Government Exceptions
Facts
Cases
Statutes
Regulations
State Law Exceptions
California: Public Domain unless otherwise authorized by statute
Cnty. of Santa Clara v. Superior Court, 170 Cal. App. 4th 1301, 1335, 89 Cal. Rptr. 3d 374, 399 (2009)
Florida: Public Domain unless explicitly authorized by statute
Microdecisions, Inc. v. Skinner, 889 So. 2d 871 (Fla. Dist. Ct. App. 2004)
Massachusetts
State Copyright Resource Center

8. Orphan works Closed government entitles: North Carolina Film Board
Ghost towns: Bodie, California

9. Fair use Purpose and character of the work Nature of the work
Publication status
Amount and Substantiality
Effect of the Use upon the marketplace
For many, but not all, difficult to argue effect of the use upon the marketplace

10. Codes of Best Practices
Code of Best Practices in Fair Use for Academic and Research Libraries Statement of Best Practices in Fair Use of Collections containing Orphan Works for Libraries, Archives, ad Other Memory Institutions

11. Library Exception
Copyright Checklist for Libraries The entire work or a substantial part of a work if, after a reasonable investigation, the library or archives has determined that a copy or phonorecord of the work cannot be obtained at a fair price. Textual work or sound recording (but not a sound recording of music—see exclusions listed below); o Audiovisual works dealing with news; or Pictures and graphics published as illustrations, diagrams, or similar adjuncts to an allowed work

12. Questions?
Brett D. Currier