What is the law?
Binding, on-point law (about)
Advisory sources (about)
The Indiana Commission of Public Records, the official advisory body for the Indiana Public Records Act has said that "[a]gencies wishing to explore the use of copyrights for their publications should devote a considerable effort to research the issues involved. They should note, especially, that it would be impossible to copyright and so limit the access to or the use of non-published materials, which clearly fall under the rubric of public records law."
Public records law (about)
The Indiana public records law is found at Ind. Code Ann. § 5-14-3-1 and was enacted in 1983.
Does the public records law restrict the use of disclosed records?
The Indiana Public Records Law does not allow records custodians to deny records requests based on the refusal of the requestor to state their intended purpose. Ind. Code § 5-14-3-3(a)(2). The state is also prohibited from entering into a contract which would result in required copyright royalties in order to access public records. Ind. Code § 5-14-3-3(g)(2). State agencies are, however, allowed to enact rules prohibiting the commercial use of public records. Ind. Code § 5-14-3-3(e). Under Ind. Code Ann. § 5-14-3-8(k), copying fees may be waived for noncommercial uses.
Specifics and examples (about)
|Status||Applies to...||Based on?|
|Copyrightable by statute||Intellectual property of the state lottery commission||Ind. Code Ann. § 4-30-3-12|
|Copyrightable by statute||Intellectual property owned by the board of trustees of the Indiana state museum and historic sites corporation||Ind. Code Ann. § 4-37-4-3(14)|
|Not copyrightable by statute "unless it shall be deemed expedient by the governor that a copyright be procured in the name of the state"||Any "system for uniform bookkeeping or any book, record, or form which may be adopted after April 5, 1909"||Ind. Code Ann. § 5-11-1-19|
|Copyright asserted by office||Content of the Indiana Office of Tourism and Development website||http://www.in.gov/visitindiana/adportal/Static/Display/TermsOfUse|
Additional things to consider (about)
The Indiana state website indicates that "In most cases, the content is owned by the state agency choosing to make its information available through the … service."
The Indiana State Library specifies that copyrights in donated items are transferred to the Library.
The Indiana code refers regulates record systems "containing information owned by [a] public agency," in Ind. Code Ann. § 5-14-3-8(g).
Where else to go
- Indiana Public Access Counselor, available at http://www.in.gov/pac/.
- Indiana State Library, available at http://www.in.gov/library/index.htm.
- Reporters Committee for Freedom of the Press, Open Government Guide: Access to Public Records and Meetings in Indiana, available at http://www.rcfp.org/rcfp/orders/docs/ogg/IN.pdf.
- Ashley Messenger, Dennis Pitman, Can States Use Copyright to Restrict the Use of Public Records?, Comm. Law., February 2013, at 4, 6, available at http://www.americanbar.org/publications/communications_lawyer/2013/february/can_states_use_copyright_restrict_use_public_records.html.
Ind. Code Ann. § 5-14-3-1, available at http://iga.in.gov/legislative/laws/2015/ic/titles/005/articles/014/chapters/003/.
Ind. Code Ann. § 5-14-3-3, available at http://iga.in.gov/legislative/laws/2015/ic/titles/005/articles/014/chapters/003/.
Ind. Code Ann. § 4-30-3-12, available at http://iga.in.gov/legislative/laws/2015/ic/titles/004/articles/030/.
Ind. Code Ann. § 4-37-4-3, available at http://iga.in.gov/legislative/laws/2015/ic/titles/004/articles/037/chapters/004/.
Ind. Code Ann. § 5-11-1-19, available at http://iga.in.gov/legislative/laws/2015/ic/titles/005/articles/011/chapters/001/.
Indiana Commission on Public Records, Indiana's Public Records: The Legal Framework of Records and Information Management in State Government, available at http://www.in.gov/icpr/files/legal.pdf.
Indiana State Library, Donating Manuscripts, available at http://www.in.gov/library/2465.htm#copyright.