User:Athelwulf/Letters
These are important letters I've written or received that pertain to the Oregon Government 2.0 project and stuff.
Rep. Bill Garrard (R–56 Klamath Falls)
2009-03-21
- to: Bill Garrard
- date: Sat, Mar 21, 2009 at 9:08 PM
- subject: Concerning copyright of state works
Dear sir:
This is Patrick Vroman. I attended your joint town hall meeting and talked to you about HB 3091, a bill to end the state's ability to copyright the works it produces. I was glad to see you were very interested in the issue. I gave you, Sen. Whitsett, and Rep. Gilman each a packet that included the full text of the bill, the pages out of the index to the ORS listing the statutes pertaining to patents and copyright, and a copy of 17 USC § 105. I gave you a note with three amendments I believe should be made to the bill. Here they are again:
- I think the bill should be similar to the federal statute that has the same effect, 17 USC § 105. As the bill stands, it is similar to the federal law except it includes the clause, "except as otherwise provided by law" (page 1, line 10). This means any statutes the bill does not amend will remain in full effect, and the legislature can still enact any law that allows a state agency to claim copyright to any of its works. So, beyond the amendments to statute the bill does make, in my opinion, the bill is ineffective. Removing that clause would make it a lot better.
- I think the bill should apply to all political subdivisions of Oregon. People pay taxes to all levels of government so they can do the job they need to do. The works that all levels of government produce should all be in the public domain.
- The law should be explicitly retroactive. You might remember the example I mentioned, that the bill currently does not change the statute that grants the secretary of state full copyright authority over the Oregon Blue Book. If the proper amendments to the bill were made, all future editions of the Blue Book would be placed in the public domain, as a work of a state agency. But I think copyright authority should be relinquished for all past editions of the Blue Book, as well as the future ones.
I hope you find these amendment ideas agreeable. Please let me know what your thoughts and concerns are about these ideas. I understand that the chair of the Rules Committee (I believe that is Arnie Roblan of Coos Bay, right?) has absolute discretion over whether to put the bill on the committee's agenda. Last time I checked, it has not been scheduled yet. I admit this issue is low-key relative to the budget crisis, but do you have the ability to suggest that he put it on the agenda?
There is more information that I know pertains to this issue, and I will have to dig it up for you. I know, for example, that Florida has this type of law. I cannot remember its exact provisions, but it would be easy for me to find.
Thank you for your interest. In conclusion, I looked for your response to my concerns about the budget, and I could not find it. It is not in my spam box. The only emails I received from your state email address are your newsletters. It is a shame that it got lost, since you worked so hard to answer my questions, and I appreciate all that work. If you cannot find a copy of your response in your outbox, I would be happy to send you my original email again so you could respond again.
Sincerely yours,
Patrick Vroman
(541) 281-3073
2009-03-23
- to: Bill Garrard
- date: Mon, Mar 23, 2009 at 1:50 PM
- subject: Copyright status of US and Florida government works
Dear sir:
This is Patrick Vroman. I have more information that is relevant to HB 3091, the copyright bill. Click here for a page explaining copyright status of the federal government's works. Click here for the same information for Florida. In the Florida Statutes, § 119.01 essentially places all works of the state government in the public domain. The definitions for Chapter 119 can be found at § 119.011. Also relevant is Article I, § 24(a) of the Florida Constitution.
Thank you for your time.
Patrick Vroman
(541) 281-3073