Legal Arrangements for Use and Control of Real-Time Data (2011) / Chapter Skim
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B. State Public Records Disclosure Laws
B. State Public Records Disclosure Laws
Pages 32-35
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From page 32... ...
tected by the Copyright Act.390 Inasmuch as only Maryland and Virginia have enacted UCITA, no cases were VII. WHETHER GOVERNMENT TRANSIT located holding whether the Copyright Act preempts AGENCIES MAY BE REQUIRED TO RELEASE REALany provisions of UCITA.391 TIME DATA Because UCITA applies to transactions in electronic information,392 a licensor such as a transit agency may want to be aware of UCITA's provisions.
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From page 33... ...
are large in the transit agencies reporting that they collect real-time size and electronic in format...." 409 data, 29 stated that they had not had any requests for As for whether an electronic data feed, for example the release of real-time data, 3 had received requests, by an AVL system, is a record for the purpose of a puband 2 agencies did not respond to the question.404 lic records disclosure law, in general FOIAs and FOILs now apply to government information and data in elec Table 1. tronic form.410 Under New York's FOIL, for example, all Transit Agencies Reporting Requests for Their agency records must be released to a requester unless Real-Time Data they fall under one of the specific exemptions stated in the law that are similar to those in the Federal FOIA.
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From page 34... ...
In addition, the records requested were offered to WIREdata, by all prospective commercial users of the records created in three municipalities, in written form shortly after its re- his office to sign a licensing agreement as a condition to quests were made, demonstrating good faith efforts to receiving the records.427 Although the court did not hold 428 satisfy such requests quickly. 424 that the county had a copyright in the GIS maps, the Furthermore, Wisconsin's Supreme Court stated court did hold that, under Florida law, "the fact that a that it disagreed person seeking access to public records wishes to use them in a commercial enterprise does not alter his or with the court of appeals' statement that requesters must her rights under Florida's public records law."429 Even if be given access to an authority's electronic databases to there were a copyright in the GIS maps, the Florida examine them, extract information from them, or copy them.
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From page 35... ...
Horry County,439 the preserving its rights under the Copyright Act, that the county's geographic information department developed county's tax maps had enough originality to withstand a digital database to combine several layers of informa- a motion to dismiss for failure to state a claim, and that tion onto one digital photographic map of the county at the tax maps could not, as a matter of law, be deemed to 449 a cost of $7.5 million.440 A real estate company made a be in the public domain since their inception. request for the digital photographic map for its Web site for the use of its customers.441 Later the company re- 3.
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