File:Microdecisions v. Skinner SCOTFL RULING.djvu

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Supreme Court Ruling on Microdecisions v. Skinner

Date APRIL 22, 2005 (retreived 2009-02-12)
Source http://www.floridasupremecourt.org/clerk/dispositions/2005/4/05-255.pdf via any2djvu.djvuzone.org
Author SCOTFL
Permission
(Reusing this file)
Public domain
This work was created by a government unit of the U.S. state of Florida and is in the public domain under Florida law. Florida's Constitution and its statutes do not permit public records to be copyrighted unless the legislature specifically states they can be. This file is part of the "public record 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 [Florida] law or [its] Constitution" (Florida 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 Florida (definition of public work at Fla. Stat. § 119.011(12)), and does not fall into any of the various categories of works for which the legislature has specifically permitted copyright to be claimed (see, e.g., § 286.031 [authorizing the Department of State to hold copyrights]; § 24.105(10), Fla. Stat. (2003) [authorizing the Department of the Lottery to hold copyrights]; § 601.101, Fla. Stat. (2003) [permitting the Department of Citrus to hold legal title to copyrights]; § 1004.23, Fla. Stat. (2002) [authorizing universities to secure copyrights in certain works], § 119.084 [permitting agencies to hold copyright for data processing software the agencies have created]; §331.303(13) [authorizing copyright in projects of the Florida Space Authority]). It is consequently in the public domain according to court interpretation of the Florida Constitution, Article I, § 24(a) and Florida Statutes, § 119.01. See Microdecisions, Inc. v. Skinner, 889 So. 2d 871 (Fla. 2d DCA 2004) (Findlaw)
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Public domain in U.S.
This work is in the public domain in the U.S. because it is an edict of a government, local or foreign. See § 206.01 of the Compendium II: Copyright Office Practices. Such documents include "judicial opinions, administrative rulings, legislative enactments, public ordinances, and similar official legal documents."

These do not include works first published by the United Nations or any of its specialized agencies, or by the Organization of American States. See Compendium II § 206.03 and 17 U.S.C. 104(b)(5).


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A non-American governmental edict may still be copyrighted outside the U.S. Similarly, the above U.S. Copyright Office Practice does not prevent U.S. states or localities from holding copyright abroad, depending on foreign copyright laws and regulations.

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current02:23, 27 October 2010Thumbnail for version as of 02:23, 27 October 20103,400 × 4,400 (52 KB)Elvey (talk | contribs){{Information |Description= |Source= http://www.floridasupremecourt.org/clerk/disposition/2005/4/05-255.pdf via any2djvu.djvuzone.org |Date=2009-02-12 |Author=SCOTFL |Permission=PD-FLGov |other_versions= }}
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