-------- 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