HomeMy WebLinkAbout04-04-2003 Copyrighted Engeneering PlansSent By: BROWN,WARD,SALZMAN&WEISS,P.A.; 407 425 9596;
Apr-4-03 5:41PM; Page 2/3
Usher L. E
Suzanne
Anthony A
Gary S Sa
John H. %A
Jeffrey S.
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Agresta"
Garganese'
B1ZO", SAI,LMA , WF,ISS & G' AR ANT:SE, P.A.
ttorneys at 1-4W
CIA Trial Lawyer
Business Liligatlon Lawyer
CRY, County & Local Government Law
Facsimile Only
Office in Orlando, Kissinuncc,
Cocoa & Viera
,ndrea Lorenzo-Luaces, City Clerk
Ay of Winter Springs
126 East State Road 434
Jinter Springs, FL 32708
Re:
ear Andrea:
April 4, 2003
Copyrighted Enginee g Plans
City of Winter Springs General #1193
Debra S, Babb-Nutcher
Jeffrey P. Suak
John U. Biedenharn, Jr.
Joseph E. Blltch
Douglao Lambert
Jennifer A. Michael
Michelle A. Reddin
Vincent E. Scarlalos
Erin J. O'Leary
O/ Counsel
You asked about the proper p ocedure under Chapter 119, Florida Statutes, for
sndling a public records request for a gineering plans which have been submitted to the
ity and are copyright protected and federal law.
I could not find any Florida ase law that specifically addresses your issue.
er, there are two Florida Attorne General Opinions which should provide guidance.
1. In AGO 97-84, the Flori,
engineering plans under
with official business are
119, Florida Statutes,
advise those seeking t
copyrighted of the penal
2. Furthermore, in AGO
computer generated bui
or designated "trade se
from public records disc
la Attorney General opined that architectural and
seal that are held by a public agency in connection
subject to inspection and copying under Chapter
n addition, custodians of public records should
make copies of public records that may be
ies of violating the federal copyright law.
-87, the Florida Attorney General opined that
ng plans and building design calculations marked
)t" that were filed with a county were not exempt
225 East Robinson Streel. Suite 00 - P.O Box 2873 - Orlando, Florlda 32802-2873
Orlando (407) 425-9586 Fax (407) 425-9596 - Kissimmee (321) 402-0144 - Cocoa & Vera (866) 425.9566
Websde: www.orlan aw.net • Emad: finnQorlandolaw.net
Sent By; BROWN,VJARD,SALZMAN&VIEISS,P.A.; 407 425 9596; Apr-4-03 5:42PM; Page 3/3
Andrea Lorenzo-Luaces, City Clerk
City of Winter Springs
April 4, 2003
Page 2
Therefore, unless judicially d termined otherwise, it appears that Chapter 119,
Florida Statutes, requires that the C y provide copies of copyrighted engineering plans
filed with the City in connection with fficial City business.
You should, however, advise 1 le person requesting the copyrighted public record
that the record is copyrighted and iml iroper copying may subject them to penalties under
federal law. I recommend providing t ie following disclaimer to the person requesting the
copyrighted document.
jf
"Please be advised that the pu lic record that you requested to be copied by
the City of Winter Springs is co yright protected. The unauthorized copying
of this record could subject y to penalties under federal copyright laws.
The City shall not be responsi le for any penalties imposed on you for the
unauthorized copying of copyr ghted public records."
Please call should you have a
questions.
City Attorney
Kip Lockcuff, Public Works/Utility Director