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Maine

What is the law?

Binding, on-point law (about)

None

Advisory sources (about)

The Maine Office of Information Technology has a policy which specifies that "all copyrightable works prepared by a State employee within the scope of that employment are the property of the State of Maine."

In 1997 Maine enacted the InforME Public Information Access Act, which established the InforME gateway for electronic dissemination of public information. Me. Rev. Stat. tit. 1, § 533. The Act stated that information made available through InforME is "owned by the public, and copyright or licensing restrictions may not be fixed to this information by the board, the network manager or data custodians." Me. Rev. Stat. tit. 1, § 538. While this language is encouraging, it does not prohibit the state entities which originate the information from asserting a copyright interest. InforME itself, while providing some information free of charge, also licenses access to the full database. Similarly, Me. Rev. Stat. tit. 5, § 2005 prohibits copyrights held by the board of the Maine Library of Geographic Information in the information made available through the Library. It is unclear from these statutes whether they indicate a general lack of copyright in these public records, of if they merely limit allocation of copyrights among different government entities. [1]

Public records law (about)

Maine enacted their Freedom of Access Act in 1959. Me. Rev. Stat. tit. 1, § 400.

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

Officials may not decline a records request based on the reason for the request or refusal to disclose the reason for the request. Fee waivers are available, however, when "[t]he agency or official considers release of the public record requested to be in the public interest because doing so is likely to contribute significantly to public understanding of the operations or activities of government and is not primarily in the commercial interest of the requester." Me. Rev. Stat. tit. 1, § 408-A(11)(B).

Specifics and examples (about)

Status Applies to... Based on?
Not copyrightable by specific government entities "information developed by the network manager for InforME and public information made available through InforME" (http://www.maine.gov/informe/) Me. Rev. Stat. tit. 1, § 538
Not copyrightable by specific government entities "information made available through the Maine Library of Geographic Information" Me. Rev. Stat. tit. 5, § 2005
Copyrightable by statute Intellectual property managed by the Maine Legislative Council Me. Rev. Stat. tit. 3, § 162(16-A)
Copyrightable by statute Research "in the several fields of museum activity and to provide interpretive and information services, including the dissemination and recording of information gathered through research" at the Maine State Museum. Me. Rev. Stat. tit. 27, § 85-A(9)
Copyright asserted by state publications of the Maine State Legislature http://www.mainelegislature.org/legis/statutes/disclaimer.htm

Additional things to consider (about)

The Maine code refers to public records as property of the public and as property of state entities: See Me. Rev. Stat. tit. 1, § 538 ("The information developed by the network manager for InforME and public information made available through InforME is owned by the public"); Me. Rev. Stat. tit. 1, § 502 ("All Maine reports, digests, statutes, codes and laws, printed or purchased by the State and previously distributed by law to the several towns and plantations within the State, shall be and remain the property of the State"); Me. Rev. Stat. tit. 27, § 86-A ("documents or other library or archival items under the administrative jurisdiction of the Maine State Library or the Maine State Archives, that are or may become the property of the State"); Me. Rev. Stat. tit. 5, § 95-A ("A record created by or belonging to the State, to a local or county government in the State or to any agency of the State remains the property of the State until ownership and possession are formally relinquished in accordance with statute and rules").

Maine law also prohibits the unauthorized removal or destruction of public records. Me. Rev. Stat. tit. 1, § 452; Me. Rev. Stat. tit. 5, § 95-A.

Where else to go

Bibliography

Statutes

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Footnotes