File:Seal of the Supreme Court of California.png

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Summary

Description
English: Seal of the Supreme Court of California
Date 21 July 2008 (original upload date)
Source Transferred from en.wikipedia by SreeBot
Author 718 Bot at en.wikipedia
Permission
(Reusing this file)
Insignia This image shows a flag, a coat of arms, a seal or some other official insignia. The use of such symbols is restricted in many countries. These restrictions are independent of the copyright status.

Licensing

Public domain
This work was created by a government unit (including state, county, city, and municipal government agencies) that derives its powers from the laws of the State of California and is subject to disclosure under the California Public Records Act (Government Code § 6250 et seq.). It is a public record that was not created by an agency which state law has allowed to claim copyright, and is therefore in the public domain in the United States.
Records subject to disclosure under the Public Records Act

Pursuant to the California Public Records Act (Government Code § 6250 et seq.) "Public records" include "any writing containing information relating to the conduct of the public’s business prepared, owned, used, or retained by any state or local agency regardless of physical form or characteristics." (Cal. Gov't. Code § 6252(e).) notes that "[a]ll public records are subject to disclosure unless the Public Records Act expressly provides otherwise." County of Santa Clara v. CFAC California Government Code § 6254 lists categories of documents not subject to disclosure under the Public Records Act. In addition, computer software is not considered a public record, while data and statistics collected (whether collected knowingly or unknowingly) by a government authority whose powers derive from the laws of California are public records (such as license plate reader images) pursuant to EFF & ACLU of Southern California v. Los Angeles Police Department & Los Angeles County Sheriff's Department and are not exempt from disclosure and are public records.

Although the act only covers “writing,” the Act, pursuant to Government Code § 6252(g), states: “Writing” means any handwriting, typewriting, printing, photostating, photographing, photocopying, transmitting by electronic mail or facsimile, and every other means of recording upon any tangible thing any form of communication or representation, including letters, words, pictures, sounds, or symbols, or combinations thereof, and any record thereby created, regardless of the manner in which the record has been stored.

Agencies permitted to claim copyright

California's Constitution and its statutes do not permit any agency to claim copyright for "public records" unless authorized to do so by law. The following agencies are permitted to claim copyright and any works of these agencies should be assumed to be copyrighted outside of the United States without clear evidence to the contrary:

County of Santa Clara v. CFAC held that the State of California, or any government entity which derives its power from the State, cannot enforce a copyright in any record subject to the Public Records Act in the absence of another state statute giving it the authority to do so. This applies even if there is a copyright notice, so long as the State of California or one of its agencies (other than those listed above) is indicated as the copyright holder.

Note: Works that are considered "public records" but were not created by a state or municipal government agency may be copyrighted by their author; the Supremacy Clause of the United States Constitution prevents state law from overriding the author's right to copyright protection that is granted by federal law. For example, a state agency may post images online of the final appearance of a building under construction; while the images may have to be released by such agency since they are public records, their creator (eg. architecture/construction firm) retains copyright rights to these images unless the contract with the agency says otherwise. See: Government-in-the-Sunshine Manual: To what extent does federal law preempt state law regarding public inspection of records?.

Copyrightable Works by the State in the United States: Works published by agencies that are permitted to claim copyright per state law should be tagged with {{PD-US-GovEdict}} instead of this template due to the reasons listed on that template.

Disclaimer: The information provided, especially the list of agencies permitted to claim copyright, may not be complete. Wikimedia Commons makes no guarantee of the adequacy or validity of this information in this template (see disclaimer).
Public domain

This work is in the public domain in its country of origin and other countries and areas where the copyright term is the author's life plus 70 years or fewer.

You must also include a United States public domain tag to indicate why this work is in the public domain in the United States.
 Note that a few countries have copyright terms longer than 70 years: Mexico has 100 years, Jamaica has 95 years, Colombia has 80 years, and Guatemala and Samoa have 75 years. This image may not be in the public domain in these countries, which moreover do not implement the rule of the shorter term. Honduras has a general copyright term of 75 years, but it does implement the rule of the shorter term. Copyright may extend on works created by French who died for France in World War II (more information), Russians who served in the Eastern Front of World War II (known as the Great Patriotic War in Russia) and posthumously rehabilitated victims of Soviet repressions (more information).
This file has been identified as being free of known restrictions under copyright law, including all related and neighboring rights.

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current20:30, 18 April 2016Thumbnail for version as of 20:30, 18 April 2016920 × 920 (110 KB)wikimediacommons>JthillerHigher resolution version.

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