Copyright status of works by subnational governments of the United States
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The copyright status of works produced by the governments of states, territories, and municipalities in the United States varies. Copyright law is federal in the United States. Federal law expressly denies U.S. copyright protection to two types of government works: works of the U.S. federal government itself, and all edicts of any government regardless of level or whether or not foreign.[1] Other than addressing these "edicts of government", U.S. federal law does not address copyrights of U.S. state and local government.[2]
The U.S. Copyright Office gives guidance that "Works (other than edicts of government) prepared by officers or employees of any government (except the U.S. Government) including State, local, or foreign governments, are subject to registration if they are otherwise copyrightable."[3] This leaves such works with the usual copyright protection unless applicable state or local law declares otherwise. Those laws, in turn, vary widely: some state and local governments expressly claim copyright over some or all of their copyrightable works, others waive copyright and declare that all government-produced documents are in the public domain, and yet others have not clearly defined their policies on the question.