HomeMy WebLinkAbout2007 09 18 Attorney Opinion Letter Copyrighted Engineering Plans
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BROWN, SALZMAN, WEISS & GARGANESE, P.A.
Attornrys at Law
Usher L. Brown ·
Suzanne D'AgrestaD
Anthony A. GarganeseD
Gary S. Salzman-
John H. Ward ·
Jeffrey S. Weiss
Offices in Orlando, Kissimmee,
Cocoa & Viera
.Board Certified Civil Trial Lawyer
-Board Certified Business Litigation Lawyer
DBoard Certified City, County & Local Government Law
!l. ~!
Debra S. Babb-Nulcher
Jeffrey P. Buak
John U. Biedenharn, Jr.
Joseph E. Blilch
Douglas Lambert
Jennifer A. Michael
Michelle A. Reddin
Vincenl E. Scar/alos
ErinJ. O'Leary
Of Counsel
April 4, 2003
Via Facsimile Only
Andrea Lorenzo-Luaces, City Clerk
City of Winter Springs
1126 East State Road 434
Winter Springs, FL 32708
Re: Copyrighted Engineering Plans
City of Winter Springs. General #1193
Dear Andrea:
You asked about the proper procedure under Chapter 119. Florida Statutes, for
handling a public records request for engineering plans which have been submitted to the
City and are copyright protected under federal law.
I could not find any Florida case law that specifically addresses your issue.
However, there are two Florida Attorney General Opinions which should provide guidance.
1. In AGO 97-84, the Florida Attorney General opined that architectural and
engineering plans under seal that are held by a public agency in connection
with official business are subject to inspection and copying under Chapter
119, Florida Statutes. In addition. custodians of public records should
advise those seeking to make copies of public records that may be
copyrighted of the penalties of violating the federal copyright law.
2. Furthermore, in AGO 97-87, the Florida Attorney General opined that
computer generated building plans and building design calculations marked
or designated "trade secret" that were filed with a county were not exempt
from public records disclosure.
225 East Robinson Street, Suite 660. P.O. Box 2873. Orlando, Florida 32802-2873
Orlando (407) 425-9566 Fax (407) 425-9596. Kissimmee (321) 402-0144. Cocoa & Viera (866) 425-9566
Webslte: www.orlandolaw.net . Email: firm@orlandolaw.net
Andrea Lorenzo-luaces, City Clerk
City of Winter Springs
April 4, 2003
Page 2
Therefore, unless judicially determined otherwise, it appears that Chapter 119,
Florida Statutes, requires that the City provide copies of copyrighted engineering plans
filed with the City in connection with official City business.
You should, however, advise the person requesting the copyrighted public record
that the record is copyrighted and improper copying may subject them to penalties under
federal law. I recommend providing the following disclaimer to the person requesting the
copyrighted document.
"Please be advised that the public record that you requested to be copied by
the City of Winter Springs is copyright protected. The unauthorized copying
of this record could subject you to penalties under federal copyright laws.
The City shall not be responsible for any penalties imposed on you for the
unauthorized copying of copyrighted public records."
Please call should you have any questions.
n hony A. Garganese
City Attorney
AAG:jf
cc: Kip Lockcuff, Public Works/Utility Director