Thunder.sql [2011 DOJ Civil FOIA | 1993-1998 SCOTUS Maxims | Duke Blue]
Thunder.sql | Thunder-sql [Addendum | Duke Blue]
Thunder.sql [2011 DOJ Civil FOIA | 1993-1998 SCOTUS Maxims | Duke Blue]
Thunder.sql | Thunder-sql [Addendum | Duke Blue]
"United States, officially United States of America, abbreviated U.S. or U.S.A., byname America, country in North America, a federal republic of 50 states. Besides the 48 conterminous states that occupy the middle latitudes of the continent, the United States includes the state of Alaska, at the northwestern extreme of North America, and the island state of Hawaii, in the mid-Pacific Ocean. The conterminous states are bounded on the north by Canada, on the east by the Atlantic Ocean, on the south by the Gulf of Mexico and Mexico, and on the west by the Pacific Ocean. The United States is the fourth largest country in the world in area (after Russia, Canada, and China). The national capital is Washington, which is coextensive with the District of Columbia, the federal capital region created in 1790." Encyclopedia Britannica.
All the law belong to WE THE PEOPLE!
"The authentic exposition and interpretation of the law, which, binding every citizen, is free for publication to all, whether it is a declaration of a constitution or a statute." - Banks v. Manchester, 128 U.S. 244, (1888).
"This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding." - U.S. Const. Art. VI, Clause 2. (September 17, 1787).
"We hold that it does not. Over a century ago, we recognized a limitation on copyright protection for certain government work product, rooted in the Copyright Act's "authorship" requirement. Under what has been dubbed the government edicts doctrine, officials empowered to speak with the force of law cannot be the authors of-and therefore cannot copyright-the works they create in the course of their official duties.
We have previously applied that doctrine to hold that non-binding, explanatory legal materials are not copyrightable when created by judges who possess the authority to make and interpret the law. See Banks v. Manchester , 128 U.S. 244, 9 S.Ct. 36, 32 L.Ed. 425 (1888). We now recognize that the same logic applies to non-binding, explanatory legal materials created by a legislative body vested with the authority to make law. Because Georgia's annotations are authored by an arm of the legislature in the course of its legislative duties, the government edicts doctrine puts them outside the reach of copyright protection." - Georgia v. Public.Resource.Org, Inc., 140 S. Ct. 1498, 206 L. Ed. 2d 732 (2020).
"The Senators and Representatives before mentioned, and the Members of the several State Legislatures, and all executive and judicial Officers, both of the United States and of the several States, shall be bound by Oath or Affirmation, to support this Constitution; but no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States." - U.S. Const. Art. VI, Clause 3. (September 17, 1787).
"(a) In General.-Copyright protection under this title is not available for any work of the United States Government, but the United States Government is not precluded from receiving and holding copyrights transferred to it by assignment, bequest, or otherwise." - 17 USC 105: Subject matter of copyright: United States Government works
"Sections 401(d) and 402(d) shall not apply to a work published in copies or phonorecords consisting predominantly of one or more works of the United States Government unless the notice of copyright appearing on the published copies or phonorecords to which a defendant in the copyright infringement suit had access includes a statement identifying, either affirmatively or negatively, those portions of the copies or phonorecords embodying any work or works protected under this title." - 17 USC 403: Notice of copyright: Publications incorporating United States Government works
U.S. Department of Justice
Office of Legal Counsel
Washington, D.C. 20530
April 30, 1999
RE: Whether Government Reproduction of Copyrighted Materials Invariably is a "Fair Use" under Section 107 of the Copyright Act of 1976.
Primary Source: U.S. Library of Congress | D.O.J. Legal Memorandum [This Subject Matter: "Fair Use" under §107 of the Copyright Act of 1976.]
Primary Source: U.S. House of Representatives | 17 U.S.C. §107 (1976).