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States free to limit access to public records
"The Supreme Court on Monday said states are free to allow public records access only to their own citizens, delivering a blow to freedom of information advocates who had challenged a Virginia law.... Various other states, including Tennessee, Arkansas and Delaware, have similar laws, although some do not enforce them."
- Justices say states can limit access to public records, By Lawrence Hurley, Reuters (April 29, 2013). In the ruling, Justice Samuel Alito said the provision of the Constitution in question, known as the "privileges and immunities clause," does not extend a sweeping right to all the information made available via freedom of information laws.
Whitehouse Tumblr
The White House now has a Tumblr account:
- Whitehouse.tumblr.com We see some great things here at the White House every day, and sharing that stuff with you is one of the best parts of our jobs. That’s why we’re launching a Tumblr. We’ll post things like the best quotes from President Obama, or video of young scientists visiting the White House for the science fair, or photos of adorable moments with Bo. We’ve got some wonky charts, too. Because to us, those are actually kind of exciting. But this is also about you. President Obama is committed to making this the most open and accessible administration in history, and our Tumblr is no exception. We want to see what you have to share: Questions you have for the White House, stories of what a policy like immigration reform means to you, or ways we can improve our Tumbling. We’re new here, and we’re all ears.
US government sends itself a takedown notice
As you may know, works of the U.S. Government are not protected by copyright in the U.S. (17 USC §105), but we often discover copyrighted government publications that one would reasonably think would be in the public domain and, more recently, we see works that were treated as public domain in print suddenly being treated as copyrighted when they are converted to digital. No matter how clear the law is, this can lead to confusing situations. Take the case of a movie produced by the United States Information Agency. USIA was was prohibited by law from distributing films in the United States, but a Congressional Resolution did authorize USIA to sell six master copies of the film to the John F. Kennedy Center for the Performing Arts. Then Carl Malamud obtained a copy of a video tape of the movie from NTIS, digitized it, and posted it at the Internet Archive. Now the Kennedy Center is claiming that the film is copyrighted and that the Center has exclusive rights for distribution and NTIS has requested that Malamud take down the digital copy he created. The Resolution (Congressional Record, August 26, 1965, p.21256) says:
Accordingly, the United States Information Agency is authorized to make appropriate arrangements to transfer to the trustees of the John F. Kennedy Center for the Performing Arts six master copies of such film and the exclusive rights to distribute copies thereof, through educational and commercial media, for viewing within the United States. The net proceeds resulting from any such distribution shall be covered into the Treasury for the benefit of the John F. Kennedy Center for the Performing Arts.The film begins with a notice (at 00:00:25) that says the film "is presented in the United States by the John F. Kennedy Center for the Performing Arts, Washington DC, in accordance with a resolution of the Congress." It ends (at 1:26:08) with what looks like a copyright notice (it is hard to read in the digital version) that (I think) says "Copyright 1964 by the National Center for the Performing Arts, All rights reserved." I assume that these were added by the Center to the original film. What will Malamud do? He asks you to advise him:
One agency of the federal government has issued a takedown notice to another agency of the federal government, which in turn demanded that we remove a film from the Internet. Not knowing what to do, I have appealed for your help. I hereby bring this plea before the Court of Appeals for Wonderful Things, appealing to a jury of my peers, all happy mutants, for their verdict.Read the complete story here:
- US government sends itself a takedown notice over JFK documentary: you decide what to do!, posted by Cory Doctorow, BoingBoing (Apr 26, 2013).
- John F. Kennedy: Years of Lightning/Day of Drums (1964), United States Information Service, AVA11312VNB1, 1964. (Run time: 1h 26' 18") The program dramatizes the thousand days of John F. Kennedy's presidency, from his inauguration in 1961 to his tragic death on November 22, 1963. The videotape emphasizes Kennedy's and America's hopes for his term as president. Uploaded by Public.Resource.Org under Joint Venture NTIS-1832 with the National Technical Information Service.
Note to FullTextReports followers — Grab It When You See It!
Our friends Gary Price and Shirl Kennedy over at Full Text Reports have a handy reminder today:
...some of the papers and reports posted on FullTextReports.com are freely available online for just a limited time before they disappear behind a paywall (or go away entirely). If you see something you suspect might be useful to you (or a colleague) in the future, download it the day you see it because it may not be accessible later without a subscription (or it may have been moved or taken offline). -- Note to FullTextReports followers — Grab It When You See It!, Full Text Reports (April 17, 2013).Just another reason to remember that libraries should be collecting, not pointing. (See: When we depend on pointing instead of collecting.) (By the way, in case you hadn't noticed: the left hand navigation pane here at FGI has a feed of the latest reports listed at Full Text Reports!) Continue reading
CRS on Private Laws
If you provide public service for legal or government information, you have probably come across "private laws" and may have wondered what they are. These are not secret laws (which are laws that the public cannot even see!). These are private laws, which means that they usually deal with immigration issues or claims against the government. You might find this CRS report of interest:
- Procedural Analysis of Private Laws Enacted: 1986-2013, by Christopher M. Davis, Congressional Research Service, RS22450 (April 9, 2013)
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