-------- Original Message --------
Subject: Copyright of DRGs (fwd)
Date: Wed, 14 Apr 2004 14:07:35 -0700 (PDT)
From: Lily Wai <[log in to unmask]>
------------------
Thank you all for responding to my inquiry regarding copyright issue for
GIS data. The message below about the Florida's case is very similar to
what I have to face here. All the data we provide on INSIDE Idaho are
public domain; some of the data have been enhanced, and projection
modified, or value-added, etc, but neverthless they are public domain data
on a clearinghouse site. We do have restrictions for SPOT imagery data
under the state license agreement and it is clearly stated about the
copyright restrictions. The local and county data availabe on our site
are only those considered by counties to be public domain. I guess I will
go by the Florida Attorney General ruling and let it go that way without
opening up another legal can of worms.
Lily Wai, INSIDE Idaho Project Director Phone: 208-885-6344
Professor, Head of Government Documents Fax: 208-885-6817
University of Idaho Library (0135) E-Mail:[log in to unmask]
Rayburn Street http://www.lib.uidaho.edu/govdoc
Moscow, Idaho 83844-2353 http://inside.uidaho.edu
---------- Forwarded message ----------
Date: Wed, 14 Apr 2004 08:37:43 -0400
From: Joe Aufmuth <[log in to unmask]>
To: "[log in to unmask]" <[log in to unmask]>
Cc: Jan Swanbeck <[log in to unmask]>
Subject: RE: [REGIONAL-L] Copyright of DRGs (fwd)
Hi Lily,
Sounds like one for the University lawyers. In Florida, our Attorney
General has decided that maps produced from Government GIS data, and in fact
the GIS data itself, can not be copyrighted. As a result of a grant, there
was a unit on our campus which had "value added" to spatial data by
reprojecting public domain data, clipping it to county boundaries, and
producing metadata. The unit began requiring their department be quoted as
the source of the data as a form of copyright. Since the attorney general
opinion was issued, which did not involve the University by the way, the
department no longer makes the copyright claim.
The question to ask, is why would anyone want to acquire and sell something
that is freely available? The more we publicize the availability and
location of our free data, there will be less market for commercial
re-distribution.
I have included the e-mail concerning Florida's Attorney General below.
Hope this helps.
Best wishes
Joe
Joe Aufmuth
GIS coordinator
George A. Smathers Libraries
Government Documents
University of Florida
P.O. Box 117001
Gainesville, Florida 32611-7001
352-273-0367
Fax: 352-392-3357
[log in to unmask]
Joe,
I am contacting you to find out if you know of anyone at UF whom deals
with GIS / legal matters whom may be interested in the following. Please let
me know if you have any recommendations and/or contacts - thanks.
I have recently pursued an Attorney General's Opinion (see enclosed AGO
#2003-042) under the Open Government Mediation Program. The opinion was
issued on September 3, 2003 and within the opinion the Attorney General
clearly states:
"In sum, it is my opinion that, in light of Florida's Public Records Law,
Palm Beach County is not authorized to obtain copyright protection and
require license agreements for its Geographic Information Systems (GIS) maps
and related data in order to regulate and authorize redistribution of these
materials for commercial use."
The GIS data are public records, were developed using taxpayer's money,
and are used internally by Palm Beach County's Engineering Departments,
Planning and Zoning Departments, Utilities Departments, and Property
Appraiser Office. Up until the November 18, 2003 Palm Beach County Board of
County Commissioners meeting, Palm Beach County was copyrighting their GIS
data, requiring a license agreement, and charging a royalty fee in the
amount of $20,000 to obtain the right to be able to redistribute their
copyrighted public records.
At the November 18, 2003 Palm Beach County Board of County Commissioners
meeting the staff approved requests to:
A) Rescind Resolution 98-520 adopted by the Board on April 21, 1998,
relating to the dissemination of Geographic Information System (GIS) data
and direct staff to determine if a new resolution is required to manage and
distribute the data.
B) Rescind Countywide PPM CW-R-007 and the associated fee structure for
GIS data.
C) Authorize staff to bring back for Board consideration the placing of
GIS data discussion as a legislative priority for the 2004 Legislative
Session. This would place this data outside of the Public Records Laws.
As of November 25, 2003 Palm Beach County's GIS Data is now
available for
free download through a County FTP internet site without the requirement of
a license user agreement or payment of a royalty fee.
I have researched every county within the state that is up to date with
GIS capabilities. At this time, only two other counties have implemented a
GIS policy similar to that of Palm Beach County. Those two counties are
Collier County and Broward County. Every other county, where GIS data is
available, only charges the cost of reproduction allowable under the Florida
Statues and Public Records Laws without out any license user agreement,
royalty fee for redistribution, etc.
Collier County is currently being sued by a GIS firm from Orlando over
the excessive fees they charge for their GIS data. Coincidentally, both
Collier County and Broward County have the same legal representative,
Attorney Gaylord Wood, Jr., with regards to this issue. Mr. Wood has openly
admitted that Broward County's GIS Information Policy was modeled after Palm
Beach County's GIS Information Policy. He has declined to have Broward
County participate in the Open Government Mediation Program and at the same
time actively tried to have Attorney General's Opinion #2003-42 withdrawn.
The Office of the Attorney General has responded to his request by plainly
stating that "this office does not withdraw opinions which have been
issued." I personally believe that Mr. Wood is setting up Broward County
for future litigation through his actions, he does not believe that Broward
County is in violation of the Public Records Laws even though he has clearly
been informed of AGO #2003-042.
Per item C) of Palm Beach County's Board of County Commissioner's Agenda,
I am assuming that Palm Beach County will lobby to have all GIS data removed
from the Public Records Laws through the Senate Committee On Governmental
Oversight and Productivity's interim project, "Rewrite of Public Records
Law, Ch. 119 F.S." (Project No. 2004-139) during the March 2004 Legislative
Session.
Any general law passed that would call for: limited access to GIS data,
the exemption of GIS data from Public Records Laws, additional fees when GIS
data is acquired for redistribution purposes, etc. would clearly represent a
misinterpretation of the intention of Ch. 119 F.S.
Thank you for your time and consideration in this matter.
Sincerely,
Jason Spalding
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