Here's the public records act in California: http://www.leginfo.ca.gov/cgi-bin/displaycode?section=gov&group=06001-07000&file=6250-6270
The only paragraph with the word "copyright" in it is attached below. I don't know how to interpret it narrowly, but it makes a distinction between "computer software" and "computer data", and it specifically mentions "computer mapping systems". Some relevant discussion at http://www.directionsmag.com/article.php?article_id=2702&trv=1 I don't know where things turn out, but the keywords "california 6254.9" appears to be where you are getting good results from a search. 6254.9. (a) Computer software developed by a state or local agency is not itself a public record under this chapter. The agency may sell, lease, or license the software for commercial or noncommercial use. (b) As used in this section, "computer software" includes computer mapping systems, computer programs, and computer graphics systems. (c) This section shall not be construed to create an implied warranty on the part of the State of California or any local agency for errors, omissions, or other defects in any computer software as provided pursuant to this section. (d) Nothing in this section is intended to affect the public record status of information merely because it is stored in a computer. Public records stored in a computer shall be disclosed as required by this chapter. (e) Nothing in this section is intended to limit any copyright protections. On Wed, Mar 4, 2009 at 1:10 PM, Landon Blake <[email protected]> wrote: > I’m thinking about writing a letter to my County’s GIS department, which > releases data under a very restrictive license agreement. The license > agreement restriction that I the biggest problem with is: > > > > “GIS Product is not to be used for any purpose other than that indicated on > the application. The > > applicant shall not disclose, lease, sell, distribute, make, transfer, or > assign the GIS product or > > engage in any other transaction which has the effect of transferring the > right to use for all or part of > > the GIS Product without prior written consent of the County of San Joaquin > Community > > Development Department.” > > > > This effectively kills my ability to distribute “public data”, and it may > kill my ability to distribute other data sets build from this public data. > > > > The County GIS Department has a link to the Attorney General’s opinion that > concludes County’s must make their parcel GIS data available. (The County > posted it on the website as a justification for the fees which they charge > for the data. I don’t have a problem with these fees, although I think there > a little pricey.) > > > > The Attorney General opinion mentions the California Public Records Act > several times, and concludes that parcel data maintained by the County is > subject to the provisions of the act. The opinion does not appear to discuss > license agreements specifically. I’m wondering if any of you are aware of a > provision in the California Public Records Act that deals with license > agreements for public data subject to the act. Can my County be forced to > release data under the act, but then place all sorts of restrictions on the > use of that data with a license agreement? > > > > It would be good to cite a law or recent court case explaining that the > license agreement or the restrictive provisions of it are not allowed under > California law. I’m sure that my letter will head directly from the GIS > department to my County’s legal department. > > > > Thanks for any help or suggestions. > > > > Landon Blake > > Project Surveyor > > California PLS 8489 > > Office Phone Number: (209) 946-0268 > > Cell Phone Number: (209) 992-0658 > > [email protected] > > 711 North Pershing Avenue > > Stockton, California, 95203 > > > > Warning: > Information provided via electronic media is not guaranteed against defects > including translation and transmission errors. If the reader is not the > intended recipient, you are hereby notified that any dissemination, > distribution or copying of this communication is strictly prohibited. If > you have received this information in error, please notify the sender > immediately. > _______________________________________________ > Geowanking mailing list > [email protected] > http://geowanking.org/mailman/listinfo/geowanking_geowanking.org > > -- Edward Vielmetti Ann Arbor, MI +1 734 330 2465 _______________________________________________ Geowanking mailing list [email protected] http://geowanking.org/mailman/listinfo/geowanking_geowanking.org
