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d thus might be in the public domain too but for the more elaborate symbols things are not looking commons compatible nakonana talk 11 55 26 july 2026 utc reply are mugshots from the u s state of georgia really in the public domain edit latest comment 59 minutes ago 19 comments 10 people in discussion courtesy ping moosey98 recently moosey98 created pd gagov i am concerned that the interpretation of official code of georgia annotated ocga as meaning mugshots are public domain may be invalid i note that this article discusses how someone can force websites to remove georgia mugshots about them and not just georgia state government websites if an image is truly in the public domain it wouldn t be encumbered with such restrictions this is covered in the ocga under 10 1 393 5 see code it is clear that georgia with exceptions views a number of documents including photographs as public records it s not clear that this should be interpreted to mean public domain i am not a lawyer so looking for input on this and whether this pd gagov is a truly valid template thoughts hammersoft talk 00 31 22 july 2026 utc reply right off the bat the template notes that copying is permitted but that s not the only economic right granted to the copyright holder is there clear and minimally controversial law which also encompasses things like distribution and adaptation the parallel situation in california was apparently that an appellate court said the public records law operated as a copyright waiver in the absence of legislation otherwise is that demonstrably the case in georgia thefeds 00 28 23 july 2026 utc reply i am also doubtful about the validity of this template the template quotes from a georgia statute that states that all public records shall be open for personal inspection and copying but a reasonable interpretation of this could just as easily be shall be open for personal inspection and personal copying why specify personal inspections only if you re going to allow unrestricted copying as far as i can tell there is no case like w microdecisions inc v skinner or w county of santa clara v california first amendment coalition for georgia nor is there a statement by a relevant legal authority explicitly stating that georgia public records are not copyrightable like pd magov based5290 talk 05 22 23 july 2026 utc reply it s not entirely clear but they could have specified personal inspection as meaning not requiring the government to put things online or mail out copies or not requiring people to go through electronic hoops if they re willing to come in person to inspect the file prosfilaes talk 00 36 24 july 2026 utc reply based5290 perhaps georgia v public resource org might be of the relevance jwilz12345 talk contributions 03 55 24 july 2026 utc reply another source of the same casefile this from georgiarecorder com jwilz12345 talk contributions 03 56 24 july 2026 utc reply that case was dealing with the government edicts doctrine which does not apply to works made in a non lawmaking capacity the scotus majority opinion says that states are free to assert copyright in the vast majority of expressive works they produce such as those created by their universities libraries tourism offices and so on mugshots are unlikely to be made public domain via the government edicts doctrine as they are made by a police officer not a legislator legislature or a judge court based5290 talk 05 31 24 july 2026 utc reply moosey98 could you explain your interpretation of whether copying refers to every possible downstream reuse by any entity or instead a requirement that the state agencies allow access to their records for the purpose of copying after which the person with the copy must use their own judgment to reuse it as they believe the law permits minermatt122514 mikeyspeed7 knightoftheswords281 elhamhusey publicdomainfan08 you applied this template to files recently any opinion on the above failing any convincing argument i think the next steps would be to assess the files so tagged for alternative reasons for pd and if none deletion transwiki several originally from en wikipedia as fair use broadly it looks like criminal justice content politicians photos and a few state agency logos thefeds 22 09 25 july 2026 utc reply if research shows it s legally public domain then it is such publicdomainfan08 talk 22 12 25 july 2026 utc reply i haven t read the specific legal codes but i just want to say that even in the case of you being able to request a removal of your mugshot that doesn t mean that it s not in pd for instance us federal mugshots are typically not displayed at all and us military band music is in pd despite the fact that they sell them with cost knightof theswords 22 35 25 july 2026 utc reply there s nothing in the specific legal codes that says public domain only public record those are not the same thing from an image licensing perspective hammersoft talk 04 28 26 july 2026 utc reply i have a defense o c g a 50 18 102 says all records created or received in the performance of duty and paid for by public funds are deemed to be public property and shall constitute a record of public acts shall constitute a record of public acts clearly means public records but then the phrase public property is used separately hmm why would you include two phrases that mean the same thing so public property clearly means something different the most obvious answer that i can think of is that it means public domain i did some more research and i found some interesting things first of all courts actually used to refer things not protected by copyright law as public property then in 1896 the u s supreme court used the term public domain which came from french law the term public domain ended up becoming more commonplace than public property https web archive org web 20151001043157 https digitalcommons law scu edu cgi viewcontent cgi article 1108 context facpubs there is another court case that uses the term public property that i would like to mention the case is mayer v josiah wedgwood sons ltd 601 f supp 1523 s d n y 1985 you can read up on the full case if you are interested https law justia com cases federal district courts fsupp 601 1523 1734702 but here is the part where the court says something that proves public domain and public property are the same thing in this case the fact that mayer permitted her design to enter the public domain is fatal to any claim she can assert any theory of liability she could advance would necessarily assume she holds some property interest in the snowflake design yet it is elementary that once copyrightable material is published without the author s first securing federal copyright protection the author loses his property interest in the material the material becomes public property this is referring to how you had to put a copyright notice on your work back then if you wanted federal copyright protection you no longer need to do this failing to do so back then resulted in the work becoming public domain the court says here that if a work was published without securing federal copyright protection it becomes public property so public property is a legal synonym for public domain public property public domain so we can conclude that all records created or received in the performance of duty and paid for by public funds are public domain now that i have given my defense for georgia i want to bring up north carolina now i remembered that the north carolina public records law says the public records and public information compiled by the agencies of north carolina government or its subdivisions are the property of the people therefore it is the policy of this state that the people may obtain copies of their public records and public information free or at minimal cost unless otherwise specifically provided by law property of the people property of the people public property public domain to further back this up i took a look at the website for the state archives of north carolina it says state and local government records in the custody of the state archives of north carolina may be cited and published without permission we do ask that the archives be credited as the custodian of these materials https archives ncdcr gov researchers services permissions and citations this implies that you can publish use the records held by the archives however you wish without needing permission as long as you credit this is basically their equivalent of a free use license such as cc by 4 0 where you can use the work however you wish as long as you credit them please let me know you think about all this minermatt122514 talk 07 43 26 july 2026 utc reply also california and florida have similar laws that forces websites to remove a person s mugshot if they receive a request from them to do so but wait california and florida mugshots are in the public domain it is a legal paradox long story short the law doesn t apply to us because we are a non profit minermatt122514 talk 08 10 26 july 2026 utc reply i was kind of following along with everything you posted up until the your summary in the last paragraph the fact the wikimedia foundation is a non profit organization is irrelevant to the copyright status of the mugshots it s not a question of whether the law applies to us but whether the content commons is hosting can be downloaded and reused by anyone anywhere in the world at anytime for any purpose including derivative and commercial reuse so even if the law may not apply to us it might not be ok for commons to host per com lj and com l if the law places a non commercial use only or non derivative use only type of restriction on other potential reusers of the content marchjuly talk 08 21 26 july 2026 utc reply according to wikimedia s personality rights warning a file can be completely free of copyright or in the public domain while remaining restricted by the legal rights of the person in the photo this policy seems to apply to the mugshots where an individual the person in the mugshot can restrict its use minermatt122514 talk 08 56 26 july 2026 utc reply also please see https commons wikimedia org wiki commons deletion_requests file mug_shot_of_carolina_amesty jpg minermatt122514 talk 08 57 26 july 2026 utc reply my previous post was regarding nc nd types of copyright restrictions because you seemed to be implying the the wmf has no problems with them because it s a non profit my post had nothing to do with personality rights or any other type of non copyright restrictions those type of restrictions as you point out are not considered a problem for commons by the wikimedia foundation the template personality rights can be used for files where such a thing could be a problem for those wanting to re use the content ultimately it s up to the reusers of the content being hosted by commons to make sure they re doing in accordance with the local laws of wherever they live marchjuly talk 09 21 26 july 2026 utc reply i appreciate the argument regarding public property but i would say that the more likely meaning in this context is property owned by the state of georgia i refer generally to the entirety of chapter 16 of title 50 of the georgia code entitled public property which apparently uses that sense of the word to refer to everything from art to livestock belonging to the state but also uses the term to refer extensively to land and buildings many of those things cannot be said to be public in the sense of free to use even nonrivalrously there is no statutory public use right for the swine of the state of georgia or free to take even when you have a right to access you can enter the state court to observe but you can t have the state court building except by real estate process as currently organized chapter 18 on public records and chapter 16 on public property are in the same title 50 of the state code and it would stand to reason that the code revision commission when consolidating the public laws on the books would have attempted to be consistent when working on material that would be published under the same title although i haven t looked into their exact process i imagine that if they d found a conflict they would have proposed a textual fix that the legislature would have passed in the next code revision statute i acknowledge the cited history of terminology origins and meanings of the public domain by t ochoa quite interesting actually but would suggest that it documents a linguistic shift around 1896 1945 and is specific to intellectual property while the georgia definition of public property is more expansive and is based on statutes both before and after that shift in u s federal copyright terminology it seems unlikely for 50 18 102 first passed in 1975 and consolidated more recently to refer to the pre 1896 1945 understanding for the purposes of intellectual property while still being read harmoniously for property in general according to the clear intent of chaper 16 evidenced by its subject matter thefeds 07 39 27 july 2026 utc reply hmm i m trying to find the basis for the statement that georgia does not allow a state agency to claim copyright unless specifically authorized the old harvard state copyright site listed georgia as yellow as having very little on point law or court cases we typically needed some definite statement or court ruling pertaining to copyright in particular commons uses public domain in regards specifically to copyright though there can be other meanings of that term in other contexts a logo may be public domain here but still fully protected by trademark with lots of usage restrictions for example the right to remove mugshots is similarly a non copyright restriction it exists separately from copyright or any licensing tag here florida has a somewhat similar public records law but they also have a state supreme court decision which decided the wording of that law impacted their actual copyright in government authored works and i m not sure we have that with georgia the wording could be subtly different they do specifically allow some agencies to administer copyright and other intellectual rights as mentioned by the tag in general public records does not mean public domain in a copyright sense so we have normally needed to see something specifically mentioning copyright i m not sure we have that this seems to me that it is entirely based on public records and that the public is allowed to copy those records but of course that does not mean they are allowed to exploit them in the copyright sense court evidence is public record and as such people can request and make copies of those public records but you have no right to publish them other than fair use maybe discussing the court case it was the florida court case that decided the law s wording also meant that public records authored by the government were usually therefore void of copyright without something similar from georgia i am not at all co...
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