Public Domain and liability

[Rod Dixon, J.D., LL.M.]

> > A FOIA request could quite easily result
> > in access to a work that is copyright protected depending on
> what is in the
> > file that is the object of the request.
>
> How do the government agencies manage to make copies of those
> documents in order to comply with the request?

Seth, I can only speak to the Federal FOIA (state or local governments may
have different rules). The Federal FOIA has about seven statutory exceptions
that could result in NO copying and, hence, no disclosure of a "public"
document. Although there is an exception that covers trade secrets and
private business records, there is no copyright exception. If someone made
an involuntary submission of source code to a Federal agency (this could
occur in regard to a requirement under the U.S. Department of Commerce's
encryption export regulations, for example), they would be prudent to claim
trade secrecy protection to preclude public access to the source code under
FOIA.  As a practical matter, some agencies may offer more "protections"
than others. As far as I am aware, FOIA officers may not be familiar with
intellectual property issues beyond, perhaps, trade secrets. One must be
careful and vigilant in protecting one's interests in this area.  (BTW, this
is, generally, a non-issue with the Library of Congress' Copyright Office.)

> --
> Seth David Schoen <schoen at loyalty.org>  | And do not say, I will
> study when I
> Temp.  http://www.loyalty.org/~schoen/  | have leisure; for
> perhaps you will
> down:  http://www.loyalty.org/   (CAF)  | not have leisure.  --
> Pirke Avot 2:5
>