Well , just for any of you Bar Boys and Girls snooping around looking for a scrap . Read this then go away .Originally Posted by David Merrill
Some notes on the Copyright of US Statutes .
Simply put , Copyright of Federal Statutes / Codes , by West Publishing and others, applies to the format and layout of the publication only . Not to the content / wording of the Statutes . Fed and State “Laws” are in the Public Domain . No Copyright can be claimed as they are “Edicts of Government” .
Compendium II: Copyright Office Practices. Chapter 1100: ELIGIBILITY.
Section 206.01
“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.”
Section 206.02
“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. 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.
Title 17 USC Chapter 1 Section 105.
“Copyright protection under this title is not available for any work of the United States Government, but the United States Government is not precluded from receiving and holding copyrights transferred to it by assignment, bequest, or otherwise.”
Back in the early 1990’s , West was threatening to sue people who copied their references for infringement . This provided some fun for my little circle of Compatriots at the L.A County Law Library . When confronted about copying for use in our cases we said “fine” . We’ll sue the Library for Enabling , Conspiracy , or maybe Entrapment , since there was no warning notice posted at the copying machine . The Library officials “knew , or should have known” about the issue and taken appropriate steps to prevent such infringement .
Truth turned up they were actually intending to sue over photo copying their West Key Number System .
The self declared “Representatives” of West Publishing faded away . Would not even accept our addresses to facilitate proper Service of Process . We were just trying to be helpful
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