HomeMy WebLinkAbout1998 06 08 - Public Records.pdfMEMORANDUM
TO: Robert Guthrie, City Attorney
FROM: Andrea Lorenzo-Luaces, Deputy City Clerk
SUBJECT: Clarification on Public Records Information
DATE: June 8, 1998
On Friday, June 5, 1998, I attended a seminar with Ms. Barbara Peterson, an Attorney
and the Executive Director of the First Amendment Foundation, located in Tallahassee,
Florida. At this seminar, some very interesting information was given to us, and we
would appreciate your immediate comments on the following, (as there are a number of
plans that the Mikes team is planning to have duplicated):
Ms. Peterson said that Federal Copyright Laws override State Law regarding the public's
right to "duplicate" blueprint types of public record documents. Regarding the Mikes
Lawsuit, would the City be correct in not allowing blueprints to be copied (without
written permission from the Architect) by someone representing Mr. Mikes and his
Attorneys, based on the following logic: If someone wanted to get a copy of a building
plan or blueprint (such are usually copyrighted by the Architect); it would usually be
acceptable for a citizen to get one or two copies of such, based on the "Fair Use"
doctrine, according to Ms. Peterson's seminar.
However, if someone was in the middle of litigation and wanted a copy of some
blueprints, because they were hoping to win their lawsuit, their true intent would now be
"for personal gain", and not simply "Fair Use".
Question: Can we require Mr. Mikes and his Attorneys to get written permission to make
copies of such plans?
Question: Does this also apply to site plans etc., or would it only apply to blueprints for
a physical building or similar structure?
Question: Does it matter if at one time, Mr. Mikes was the actual owner of the building,
and that he now wants a copy of those same plans?
By the way, should you need to contact Ms. Barbara Peterson, with the First Amendment
Foundation, she mentioned that she would be in the office on Monday and Tuesday only
— during the week of June 8, 1998. Ms. Peterson can be reached at 800/337-3518.
Thank you for your attention to this matter. Please do not hesitate to call me, should you
have any questions.
ROCS/cortespo/cityatto/0002.doc