|
This work was created by a government unit of the state of Minnesota and is in the public domain under Minnesota law.
Rationale:
- The Minnesota Data Practices Act provides that "All government data collected, created, received, maintained or disseminated by a government entity shall be public unless classified by statute, or temporary classification pursuant to section 13.06, or federal law, as nonpublic or protected nonpublic, or with respect to data on individuals, as private or confidential." Minnesota Statute Section 13.03, subdivision 1.
- The work is government data created by a government entity, and is classified as public data under the Minnesota Data Practices Act, as none of the listed statutory exceptions apply.
- The Commissioner of the Minnesota Department of Administration has formally opined that public data cannot be copyrighted absent specific legislative authorization. Minnesota Department of Administration, Advisory Opinion 94-057. The Commissioner of Administration administers the Data Practices Act, Minnesota Statute Sections 13.02, 13.05, and 13.06, and has rulemaking authority under that Act. Minnesota Statute Section 13.07. Opinions of the Commissioner of Administration are to be given deference by the courts. Minnesota Statute Section 13.072.
- There is no specific legislative authorization allowing copyright of data such as this. This work therefore is not subject to copyright, and is in the public domain.
|
|