File:Ossp-canoeride.jpg
Ossp-canoeride.jpg(600 × 450 pixels, file size: 168 KB, MIME type:image/jpeg)
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Summary
DescriptionOssp-canoeride.jpg |
English:photograph of two canoes on South Creek at Oscar Scherer State Park near Sarasota, Florida |
Date | 18 June 2012 (original upload date) |
Source | http:// floridastateparks.org/oscarscherer/photogallery.cfm?pagenum=1&viewphoto=2387 |
Author | State of Florida |
Permission (Reusing this file) |
Florida government |
Licensing
Public domainPublic domainfalsefalse |
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This work was created by a government unit (including state, county, and municipal government agencies) of theU.S. stateofFlorida.It is a public record that wasnotcreated by an agency which state law has allowed to claim copyright and is therefore in thepublic domainin 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 [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 theState of Florida(definition ofpublic workfound in Chapter 119.011(12), Florida 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) andany works of these agencies should be assumed to be copyrightedwithout 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 beencodifiedinto Florida Statutes). For example, copyright in works by the Florida Space Authority may have been transferred to Space Florida. State and municipal government agencies may claim copyright for softwarecreatedby the agency (§ 119.084, F.S. 2018). 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." Note:Works that are considered "public records" but were not created by a state or municipal government agency may be copyrighted by their author; theSupremacy Clauseof theUnited States Constitutionprevents 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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Original upload log
Date/Time | Dimensions | User | Comment |
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2012-06-18 00:41 | 600×450× (171943 bytes) | Mgreason | Uploading a public-domain item using [[Wikipedia:File_Upload_Wizard|File Upload Wizard]] |
File history
Click on a date/time to view the file as it appeared at that time.
Date/Time | Thumbnail | Dimensions | User | Comment | |
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current | 09:57, 26 August 2014 | ![]() | 600 × 450(168 KB) | Dsprc | Transferred from en.wikipedia |