File:MunAudImageHP 83d40m ciWeb capes.gif
 | The uploader or another editor requests that a local copy of this file be kept. This image or media file is available on the Wikimedia Commons as File:MunAudImageHP 83d40m ciWeb capes.gif, where categories and captions may be viewed. While the license of this file may be compliant with the Wikimedia Commons, an editor has requested that the local copy be kept too. This file does not meet CSD F8 and should not be tagged as a Commons duplicate. If you desire to nominate it for deletion, notify the tagging editor. |  |
Summary
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| Description | Category:Municipal Auditorium-Recreation Club
copy of a Richard Capes drawing of the historic Sarasota Municipal Auditorium and the Hazzard Fountain in the governmental archive available to the public at the Sarasota County History Center - this building is listed on the Florida Master Site File of historic buildings and listed in the National Register of Historic Places, being cited for its public use as an auditorium and for community recreational purposes as well as for its architectural appointments and characteristics, the fountain is considered one of a kind among public fountains - Sarasota municipal historic preservation archives |
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| Source |
self-made from a Florida public document |
| Date |
March 17, 2010 |
| Author | |
| Permission (Reusing this file) |
see below
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Licensing
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 | This work was created by a government unit (including state, county, and municipal government agencies) of the U.S. state of Florida. It is a "public record" that was not created by an agency which state law has allowed to claim copyright and is therefore in the public domain in the United States.
Definition of "public record" Public records are works "made or received in connection with the official business of any public body, officer, or employee of the state, or persons acting on their behalf, [which includes the work of] the legislative, executive, and judicial branches of government and each agency or department created thereunder; counties, municipalities, and districts; and each constitutional officer, board, and commission, or entity created pursuant to [Florida] law or [its] Constitution" (Florida Constitution, §24) such as a work made or received pursuant to law or ordinance or in connection with the transaction of official business by any state, county, district, or other unit of government created or established by law of the State of Florida (definition of public work found in §119.011(12), Florida Statutes). Agencies permitted to claim copyright Florida's Constitution and its statutes do not permit any agency to claim copyright for "public records" unless authorized to do so by law. The following agencies are permitted to claim copyright (as well as trademarks) and any works of these agencies should be assumed to be copyrighted without clear evidence to the contrary:
Works by defunct state agencies may be copyrighted if these rights were transferred to a new or different agency (note that legislation transferring such right may not have been codified into Florida Statutes). For example, copyright in works by the Florida Space Authority may have been transferred to Space Florida. State and municipal government agencies may claim copyright for software created by the agency (§ 119.084, Florida Statutes 2014). In case law, Microdecisions, Inc. v. Skinner—889 So. 2d 871 (Fla. 2d DCA 2004) (Findlaw)—held that the Collier County Property Appraiser could not require commercial users to enter into a licensing agreement, holding that "[the agency] has no authority to assert copyright protection in the GIS maps, which are public records."Works created by other parties and used by government agencies
Works which are considered "public records" but were not created by a state or municipal government agency may be copyrighted by their author; the Supremacy Clause of the United States Constitution prevents state law from overriding the author's right to copyright protection that is granted by federal law. For example, a state agency may post images online of the final appearance of a building under construction; while the images may be "public records", their creator (eg. architecture/construction firm) retains copyright rights to the image unless the contract with the agency says otherwise. See: Government-in-the-Sunshine Manual: To what extent does federal law preempt state law regarding public inspection of records?. |  |
Location
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This image remains located at Municipal Auditorium-Recreation Club as originally created and uploaded by 83d40m, however, it has been given a new extension by another editor and now shows as an orphan in the 83d40m_gallery of files uploaded. Attempted to address the issue at the gallery level, but was denied permission to edit!
Please do not delete this file and contact 83d40m with any solutions to the issue. ----83d40m (talk) 15:50, 2 July 2010 (UTC)