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Dixie_Flagler_Hollywood,_Florida.jpg (600 × 418 pixels, file size: 40 KB, MIME type: image/jpeg)

Summary

Description

Local call number: N038725

Title: Dixie Flagler: Hollywood, Florida

Personal Author: Jonathan Nelson

Date: 1941

Physical descrip: 1 photonegative; b&w; 4 x 5 in.

Series Title: General collection

Repository: State Library and Archives of Florida, 500 S. Bronough St., Tallahassee, FL 32399-0250 USA. Contact: 850.245.6700. Archives@dos.state.fl.us

Persistent URL: www.floridamemory.com/items/show/146990
Date  Edit this at Structured Data on Commons
Source

Dixie Flagler: Hollywood, Florida

Author Florida Memory
Camera location26° 00′ 37.44″ N, 80° 09′ 36.28″ W Kartographer map based on OpenStreetMap.View this and other nearby images on: OpenStreetMapinfo

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Public domain
Public domain
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 Chapter 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, F.S. 2018).

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."

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).
Florida seal
Florida seal
This image, originally posted to Flickr, was reviewed on 5 April 2012 by the administrator or reviewer File Upload Bot (Magnus Manske), who confirmed that it was available on Flickr under the stated license on that date.

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26°0'37.440"N, 80°9'36.284"W

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Date/TimeThumbnailDimensionsUserComment
current02:49, 5 April 2012Thumbnail for version as of 02:49, 5 April 2012600 × 418 (40 KB)File Upload Bot (Magnus Manske)Transferred from Flickr by User:oaktree_b using flickr2commons

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