English: Charles Manson on June 16, 2011.
|Author||California Department of Corrections and Rehabilitation|
|This work was created by a government unit (including state, county, and municipal government agencies) of the State of California and is subject to disclosure under the Public Records Act. 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.
"Public records" include "any writing containing information relating to the conduct of the public’s business prepared, owned, used, or retained by any state or local agency regardless of physical form or characteristics." Cal. Gov't. Code § 6252. "All public records are subject to disclosure unless the Public Records Act expressly provides otherwise." County of Santa Clara v. CFAC. California Government Code section 6254 lists categories of documents not subject to disclosure under the Public Records Act. In addition, computer software is not considered a public record.
California'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 and any works of these agencies should be assumed to be copyrighted without clear evidence to the contrary:
County of Santa Clara v. CFAC held that the State of California cannot enforce a copyright in any record subject to the Public Records Act in the absence of another state statute giving it the authority to do so.
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