Talk:Code of Federal Regulations/Title 37

Copyright Compendium

http://ipmall.info/hosted_resources/CopyrightCompendium/chapter_0200.asp

206 Government works.

Certain government works are subject to special rules.

206.01 Edicts of government.

Edicts of government, such as judicial opinions, administrative rulings, legislative enactments, public ordinances, and similar official legal documents are not copyrightable for reasons of public policy. This applies to such works whether they are Federal, State, or local as well as to those of foreign governments.

more on Edicts?

• 
  

  judicial opinions

  • Case law (Common law system)

  administrative rulings

  • United States administrative law

  1. define the authority and structure of administrative agencies;
     

     Authority = secondary law (or delegated legislation) typically used to create or organize agencies is based in primary law (or stautory law)

     The Authority for the creation of most Executive Councils/Committees is granted to the President by FACA

     The Authority for the regulations (37 C.F.R. 201) governing the Copyright Office is provided for by Chapter 7 of Title 17 of the U.S.C.
     

  2. specify the procedural formalities employed by agencies;
  3. determine the validity of agency decisions; and
  4. define the role of reviewing courts and other governmental entities in relation to administrative agencies.

  legislative enactments-

  • legislative = legislative body (Congress)
  • enactment = A piece of legislation that has been properly authorized by a legislative body.

  public ordinances

  • A law, statute, or regulation enacted by a municipality or municipal corporation (local cities or townships)

  public policy

  • is it Public policy or is it
  • Public policy

  Edicts

  • is it - an edict puts a new statute into effect
    • Not likely - authority for above already exists in constitutional law, common law, stautory law and the like
  • or is it - a proclamation of law or other authoritative command
    • more likely to satisfy the above

  ---

  Memory Lane

  • No Edicts of Government, Domestic or Foreign, are Eligible for Copyright in the U.S (started November 12, 2005)
  • Copyright question Several others follow (circa July 2006)
  • 2009 Alaskan Governor Resignation Speech
  
  

206.02 U.S. Government works.

The copyright law provides that works of the U.S. Government, defined in the law as works prepared by an officer or employee of the U.S. Government as part of that person's official duties, are not copyrightable. This provision applies to such works whether they are edicts of government or otherwise. However, the fact that a copyright may have been transferred to the U.S. Government is not determinative of its status. (17 U.S.C. 101 and 105.)

Similarly, the fact that the work has been printed by the U.S. Government does not determine its copyright status.

206.02(a) Standard Reference Data Act.

Under the Standard Reference Data Act, 15 U.S.C. 290e, the Secretary of Commerce may secure copyright on behalf of the United States as author or proprietor of any standard reference data that the Secretary prepares or makes available under the Act.

206.02(b) U.S. Postal Service.

Works of the U.S. Postal Service, as now constituted, are not considered U.S. Government works.

206.02(c) District of Columbia.

Works of the government of the District of Columbia, as now constituted, are not considered U.S. Government works.

206.02(d) Commonwealth of Puerto Rico.

Works of the government of Puerto Rico are not considered to be U.S. Government works.

206.02(e) Territorial areas under the jurisdiction of the U.S. Government.

Works of the governments of the "organized territories" under the jurisdiction of the U.S. Government are acceptable for registration under the rule of doubt. Works of the governments of other territorial areas under the jurisdiction of the U.S. Government are considered to be U.S. Government works. See Chapter 1100: ELIGIBILITY.

206.03 Copyrightable government works.

Works (other than edicts of government prepared by officers or employees of any government (except the U.S. Government) including State, local, or foreign governments, are subject to registration if they are otherwise copyrightable. In addition, the copyright law specifies that works first published by the United Nations or any of its specialized agencies, or by the Organization of American States, are subject to copyright protection. See 17 U.S.C. 104(b)(3): see also Chapter 1100: ELIGIBILITY.