Mr. John Tabb
Office of the Attorney GeneralMay 23, 1991
1991 WL 577834 (Miss.A.G.)
Office of the Attorney General
State of Mississippi
*1 May 23, 1991
*1 Re: Authority of State Agency to Obtain Copyright
*1 Mr. John Tabb
*1 Director
*1 Mississippi Highway Department
*1 P.O. Box 1850
*1 Jackson, Mississippi 39215-1850
Dear Mr. Tabb:
*1 Attorney General Mike Moore has received your letter on behalf of the State Highway Department and has referred it to me to answer. Your letter states:
*1 We respectfully request an Attorney General's Opinion regarding the validity of a copyright on maps and electronic data bases produced by the Mississippi State Highway Department (MSHD).
*1 We propose to copyright the Official Highway Map (annual publication), county and city maps (updated about every five (5) years), and other state maps and data produced by the Graphics/CADD Section of the Transportation Planning Division of the MSHD. Federal and state funds pay for drafting and producing the maps and data. They are available for public purchase in a variety of formats. Fees charged the public are for reproduction cost only plus overhead associated with maintaining a map sales office.
*1 We propose a royalty-free copyright license to reproduce in whole or in part without modification any copyrighted data provided the MSHD copyright notice is displayed in a visible prominent location on each reproduction.
*1 The main purpose in copyrighting is to require anyone reproducing the maps and data for commercial purposes to disclose the source of data. The MSHD is producing maps on a Computer Aided Drafting and Design (CADD) System (an electronic computer data base); therefore, the opportunity for misuse of taxpayer-owner data is greatly increased.
*1 Enclosed is the proposed Copyright License Agreement we intend to use if you agree copyrighting publicly produced materials is acceptable. As we understand the federal copyright law, we are not required to actually file the copyright forms or pay fees for the first five (5) years of the copyright period. During the five (5) year period, most maps and data will have been updated; therefore, forms and fees may never have to be filed or paid.
*1 Please determine the legality of copyrighting publicly produced maps and data, and make any changes or corrections in the attached Copyright License Agreement that you deem necessary.
*1 This office is of the opinion that the State Highway Department may acquire and own copyrights on material which qualifies for copyright protection pursuant to federal law. The State Highway Department may use public funds for copyright fees. The Highway Department may affix a credit line or notation to any copy it makes available and require anyone who reproduces the maps or data for commercial purposes to also affix the credit line or notation. However, the Highway Department may not deny the public access to public records or refuse to copy public records when properly requested under the Mississippi Public Records Act, Miss.Code Ann. § 25-61-1 et seq. Under Miss.Code Ann. § 7-5-25 (Supp.1991) this office does not by official opinion clarify federal law. Therefore, we do not address the issue of whether maps and data compiled by the Highway Department which are in the public domain may be copyrighted under federal law.
*2 If we may be of any further assistance, please let us know.
ATTACHMENT
*2 April 16, 1991
*2 Honorable Mike Moore
*2 Attorney General
*2 State of Mississippi
*2 Gartin Building, 5th Floor
*2 Jackson, Mississippi 39201
*2 Dear Mr. Moore:
*2 SUBJECT: Copyrighting of State Produced Maps and Data Bases
*2 We respectfully request an Attorney General's Opinion regarding the validity of a copyright on maps and electronic data bases produced by the Mississippi State Highway Department (MSHD).
*2 We propose to copyright the Official Highway Map (annual publication), county and city maps (updated about every five (5) years), and other state maps and data produced by the Graphics/CADD Section of the Transportation Planning Division of the MSHD. Federal and state funds pay for drafting and producing the maps and data. They are available for public purchase in a variety of formats. Fees charged the public are for reproduction cost only plus overhead associated with maintaining a map sales office.
*2 We propose a royalty-free copyright license to reproduce in whole or in part without modification any copyrighted data provided the MSHD copyright notice is displayed in a visible prominent location on each reproduction.
*2 The main purpose in copyrighting is to require anyone reproducing the maps and data for commercial purposes to disclose the source of data. The MSHD is producing maps on a Computer Aided Drafting & Design (CADD) System (an electronic computer data base); therefore, the opportunity for misuse of taxpayer-owned data is greatly increased.
*2 Enclosed is the proposed Copyright License Agreement we intend to use if you agree copyrighting publicly produced materials is acceptable. As we understand the federal copyright law, we are not required to actually file the copyright forms or pay fees for the first five (5) years of the copyright period. During the five (5) year period, most maps and data will have been updated; therefore, forms and fees may never have to be filed or paid.
*2 Please determine the legality of copyrighting publicly produced maps and data, and make any changes or corrections in the attached Copyright License Agreement that you deem necessary.
MISSISSIPPI STATE HIGHWAY DEPARTMENT
COPYRIGHT LICENSE AGREEMENT
*2 With the purchase of this map or electronic data base, the Mississippi State Highway Department grants you the right to use the copyrighted materials as you deem fit.
*2 The maps and electronic data bases are owned by the Mississippi State Highway Department and are protected by the United States copyright laws and international provisions. Therefore, you must treat the maps and electronic data like any other copyright material (e.g., a book or musical recording) except that you may copy the materials in whole or in part, without modification provided the notice of copyright by the Mississippi State Highway Department is displayed in a prominent visible location on each copy.
*3 You have a royalty-free right to reproduce and distribute the copyrighted materials in whole or in part, without modification provided the Mississippi State Highway Department copyright notice is displayed in a prominent visible location on each reproduction.
*3 Any modification of maps or electronic data voids this agreement. Use of modified maps or electronic data is strictly prohibited.
*3 This agreement is governed by the laws of the State of Mississippi.
*3 Should you have any questions concerning this agreement, please write: Mississippi State Highway Department, Transportation Planning Division, Post Office Box 1850, Jackson, Mississippi 39215-1850.
*3 Agreed to this __________ day of __________, 199_.
*3 ____________________
*3 ____________________
*3 Attest
*3 ____________________
*3 ____________________
*3 Attest
1991 WL 577834 (Miss.A.G.)
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