COPYCENSE

"’These truths we hold self-evident�’" Thomas Jefferson in writing the words of the Declaration of Independence down on paper created an ‘original work of authorship fixed in a tangible medium of expression.’ Could he have claimed copyright in it?

"The Continental Congress made a few amendments to Jefferson’s draft. In making amendments and thus creating a derivative work, would they have infringed on his copyright? Could Jefferson or the Congress have demanded royalties from the newspapers and broadside publishers printing the Declaration?

"That’s absurd, you may say. ‘The Declaration of Independence is a public record. Public records can’t be copyrighted.’ Governmental bodies, however, are claiming copyright in public records.

"A Virginia legislative committee created this year by House Joint Resolution 6 will be studying issues about electronic public records, including copyright. A subcommittee of Virginia’s Freedom of Information Council is now examining issues about Geographic Information Systems, including copyright."

Becky Dale. Can The Government Copyright Public Records? Virginia Laywers Weekly.  July 26, 2004.