Florida's Constitution and its statutes do not permit any agency to claim copyright for "public records" unless authorized to do so by law. The following agencies are permitted to claim copyright (as well as trademarks) and any works of these agencies should be assumed to be copyrighted without clear evidence to the contrary:
Works by defunct state agencies may be copyrighted if these rights were transferred to a new or different agency (note that legislation transferring such right may not have been codified into Florida Statutes). For example, copyright in works by the Florida Space Authority may have been transferred to Space Florida. State and municipal government agencies may claim copyright for software created by the agency (§ 119.084, F.S. 2018).
In case law, Microdecisions, Inc. v. Skinner—889 So. 2d 871 (Fla. 2d DCA 2004) (Findlaw)—held that the Collier County Property Appraiser could not require commercial users to enter into a licensing agreement, holding that "[the agency] has no authority to assert copyright protection in the GIS maps, which are public records."
Note: Works that are considered "public records" but were not created by a state or municipal government agency may be copyrighted by their author; the Supremacy Clause of the United States Constitution prevents state law from overriding the author's right to copyright protection that is granted by federal law. For example, a state agency may post images online of the final appearance of a building under construction; while the images may be "public records", their creator (eg. architecture/construction firm) retains copyright rights to the image unless the contract with the agency says otherwise. See: Government-in-the-Sunshine Manual: To what extent does federal law preempt state law regarding public inspection of records?.
Date/Time | Dimensions | User | Comment |
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2014-07-27 17:57 | 2560×3296× (2838517 bytes) | Hohum | Oops, uploaded a thumbnail version. |
2014-07-27 17:23 | 466×600× (62229 bytes) | Hohum | Colour balance |
2014-07-26 16:43 | 2560×3296× (2691805 bytes) | MagentaGreen | Uploading a free file from somebody else using [[Wikipedia:File_Upload_Wizard|File Upload Wizard]] |
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current | 02:32, 4 August 2014 | 2,560 × 3,296 (2.71 MB) | OgreBot | (BOT): Reverting to most recent version before archival | |
02:31, 4 August 2014 | 466 × 600 (61 KB) | OgreBot | (BOT): Uploading old version of file from en.wikipedia; originally uploaded on 2014-07-27 17:23:12 by Hohum | ||
02:31, 4 August 2014 | 2,560 × 3,296 (2.57 MB) | OgreBot | (BOT): Uploading old version of file from en.wikipedia; originally uploaded on 2014-07-26 16:43:38 by MagentaGreen | ||
23:10, 27 July 2014 | 2,560 × 3,296 (2.71 MB) | Innotata | Transferred from en.wikipedia |
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