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West Virginia

What is the law?

Binding, on-point law (about)


Advisory sources (about)


Public records law (about)

A limited common law right of access to public records has been recognized in West Virginia since at least 1904. See Payne v. Staunton, 55 W. Va. 202, 46 S.E. 927, 929 (1904). The West Virginia Freedom of Information Act, enacted in 1977, may be found at W. Va. Code Ann. § 29B-1-1.

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

The Freedom of Information Act does not restrict the use of requested records; see Reporters Committee for Freedom of the Press, Open Government Guide: Access to Public Records and Meetings in West Virginia, at 4.

Specifics and examples (about)

Status Applies to... Based on?
Copyrightable by statute "video lottery game software" W. Va. Code Ann. §§ 29-22B-202; 29-22A-2
Copyrightable by statute "statewide addressing and mapping" [1] W. Va. Code Ann. § 24E-1-7 (copyright for maps created by third-party contractors must vest in the state)
Use restricted by administrative rule "Materials on the Archives and History website" and "articles from West Virginia Archives and History News" W. Va. Code R. § 82-6-5 (5.4.a. "Materials on the Archives and History website are for research, teaching, and private study purposes only." 5.4.d. "Permission to reprint articles from West Virginia Archives and History News is granted, provided: (1) The reprint is not used for commercial purposes").
Copyright asserted by division Publications of the West Virginia division of natural resources See, e.g., West Virginia Conservation, 1946

Where else to go




Administrative Rules