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Washington, D.C.

The Washington, D.C. code is in a public-access portal run by Lexis-Nexis, which does not allow direct linking. To access specific parts of the code, go to the front page and search or navigate.

What is the law?

Binding, on-point law (about)

None

Advisory sources (about)

None

Public records law (about)

The D.C. Freedom of Information Act (FOIA) was first enacted in 1968 and may be found at D.C. Code § 2-531.

D.C. courts have held that agencies cannot impose greater restrictions on records than are explicitly included in the D.C. Freedom of Information Act. Dunhill v. Dir., D.C. Dep't of Transp., 416 A.2d 244, 248 (D.C. 1980). Since the Freedom of Information Act does not restrict records disclosure based on copyright, this may mean that D.C. agencies may not use copyright law to restrict access to public records. However, the issue has not yet appeared before a D.C. court. See Ashley Messenger, Dennis Pitman, Can States Use Copyright to Restrict the Use of Public Records?, Comm. Law., February 2013, at 4, 7.

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

The D.C. FOIA does not restrict the use of disclosed records, including for commercial use. Dunhill v. Dir., D.C. Dep't of Transp., 416 A.2d 244 (D.C. 1980). The purpose of a request may be considered in order to evaluate the applicability of possible exceptions to the law, however. Emily Yinger, Esq. v. Metro. Police Dep't, FOIA App. No. 93-25 (Office of the Mayor, Oct. 5, 1994) (weighing "private" purpose of requestor for § 2-534(a)(2) privacy exemption); accord Velrey Props. Inc. v. Dep't of Human Servs., FOIA App. No. 94-45 (Office of the Mayor, May 17, 1995); Gustavo Viteri v. District Dep't of Transportation, FOIA App. No. 2011-32 (Office of the Mayor, June 22, 2011). Additionally, the purpose and intended use of a record may affect the fees charged for a records request. D.C. Code § 2-532(b) (records used to benefit the public interest are eligible for fee waivers); D.C. Code § 2-532(b-1)(2) (fees limited to "reasonable standard charges" when "not sought for commercial use and the request is made by an educational or non-commercial scientific institution for scholarly or scientific research, or a representative of the news media").

Specifics and examples (about)

Status Applies to... Based on?
Copyright asserted by district District of Columbia Official code [1] See, e.g. D.C. Code § 28-3904
Copyright asserted by department Publications of Cultural Tourism DC See, e.g. African American Heritage Trail
Public domain asserted by department Publications of the DC Mayor's office on Asian and Pacific Islander Affairs See, e.g. Asian American and Pacific Islander Community Grant Annual Report, FY2011

Additional things to consider (about)

Under D.C. law, "[t]he Corporation Counsel is authorized to initiate a civil action in the Superior Court of the District of Columbia or any court of competent jurisdiction to protect the interests of the District of Columbia in any public record." D.C. Code § 2-1713.

Where else to go

Bibliography

Cases

Statutes

The Washington, D.C. code is in a public-access portal run by Lexis-Nexis, which does not allow direct linking. To access specific parts of the code, go to the front page and search or navigate.

Mayor's Office FOIA appeals decisions

Other

Footnotes