Main Content

Alaska

What is the law?

Binding, on-point law (about)

None

Advisory sources (about)

Several Alaska Attorney General Opinions indicate that the state government may hold copyrights. A 1994 opinion indicated that the Department of Commerce and Economic Development could obtain a copyright in a workbook they created: 1994 Alaska Op. Att'y Gen. (Inf.) 129 (Mar. 24; 663-93-0451). A 1978 opinion determined that the Department of Education could obtain a copyright, 1978 Inf.Op. Att'y Gen. at 1 (Dec. 13; J66–0237–79), and a 1981 opinion expressed a preference for copyright over trademark for protection of state government intellectual property, 1981 Inf.Op. Att'y Gen. at 3 (Sept. 2; A66–0037–82).

Public records law (about)

Alaska has had a statutory right of access to public records since 1900, predating Alaska's admission to the Union. See National Association of Counties, Open Records Laws: A State by State Report, 15 (2010); Reporters Committee for Freedom of the Press, Open Government Guide: Access to Public Records and Meetings in Alaska. The current law can be found at Alaska Stat. Ann. § 40.25.100.

Does the public records law restrict the use of disclosed records?

An agency may not require a reason or justification for a public records request: Alaska Admin. Code tit. 2, § 96.220; Alaska Admin. Code tit. 2, § 96.370 allows copying fees to be waived for non-commercial uses.

Specifics and examples (about)

Status Applies to... Based on?
Copyrightable by statute software created by a state agency or municipality Alaska Stat. Ann. § 29.71.060 (West);Alaska Stat. Ann. § 44.99.400 (West)
Copyrightable by statute works of the Alaska Aerospace Corporation Alaska Stat. Ann. § 26.27.100 (West)
Copyrightable per state Attorney General works of the Alaska Department of Education 1978 Inf.Op. Att'y Gen. at 1 (Dec. 13; J66–0237–79)
Copyrightable per state Attorney General works of the Alaska Department of Commerce and Economic Development 1994 Alaska Op. Att'y Gen. (Inf.) 129 (Mar. 24; 663-93-0451); see also http://commerce.alaska.gov/dnn/copyrightnotice.aspx
Copyrightable per state Attorney General briefs filed in arbitration proceedings 1982 Alaska Op. Att'y Gen. (Inf.) (June 24; 66-699-81)

Additional things to consider (about)

Three statutes (see examples, above) explicitly allow the state government to hold copyrights in specific instances. Alaska Stat. Ann. § 29.71.060 (West); Alaska Stat. Ann. § 44.99.400 (West); Alaska Stat. Ann. § 26.27.100 (West).

According to the Alaska public records law, "[e]very person" has a right to access Alaskan public records. Alaska Stat. Ann. § 40.25.120.

Records are referred to as "property of the state" in the Alaska code, Alaska Stat. Ann. § 40.21.110, and the Alaska constitution, Alaska Const. art. XV, § 18.

Where else to go

Bibliography

Statutes

Administrative Rules

Attorney General Opinions

Other