This work was created by a government unit (including state, county, and municipal government agencies) of the State of California and is subject to disclosure under the Public Records Act. 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.
Records subject to disclosure under the Public Records Act
"Public records" include "any writing containing information relating to the conduct of the public’s business prepared, owned, used, or retained by any state or local agency regardless of physical form or characteristics." Cal. Gov't. Code § 6252. "All public records are subject to disclosure unless the Public Records Act expressly provides otherwise." County of Santa Clara v. CFAC. California Government Code section 6254 lists categories of documents not subject to disclosure under the Public Records Act. In addition, computer software is not considered a public record.
Agencies permitted to claim copyright
California'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 and any works of these agencies should be assumed to be copyrighted without clear evidence to the contrary:
Community college districts. See Educ. Code § 72207.
The Department of Toxic Substances Control. Health & Safety Code §§ 25111, 25201.11.
The Health and Human Services Agency (as to certain specified deliverables relating to the health information exchange). See Health & Safety Code § 130251.15.
The Commission on Judicial Appointments (as to certain recordings). Commission on Judicial Appointments, Guideline 7.
The California Education Information System. See Educ. Code §§ 10601, 10603.
The State Fire Marshal (as to promotional examinations). See Health & Safety Code § 13159.8.
County of Santa Clara v. CFAC held that the State of California cannot enforce a copyright in any record subject to the Public Records Act in the absence of another state statute giving it the authority to do so. Note: Works that 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?. Disclaimer: The information provided, especially the list of agencies permitted to claim copyright, may not be complete. Wikimedia Commons makes no guarantee of the adequacy or validity of this information in this template (see disclaimer).
