User:Jlevi

Are NC public records in the public domain? Maybe.

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Are NC public records public domain?

§ 132-1 (b) The public records and public information compiled by the agencies of North Carolina government or its subdivisions are the property of the people.

How is use of these records limited? According to the interpretation of the UNC School of Government, almost not at all: "Does this mean that North Carolina public agencies can refuse to provide records that will be used for an out-of-state commercial purpose? I’m afraid not. In addition to the broad right access for any person, our statute specifically prohibits consideration of, or even inquiry about the purposes for which records are sought. And there is a provision in the statute specifically authorizing a limitation on commercial use, but it only applies to GIS records. (See G.S. 132-10.)"Who Can Request Public Records?.

By the 1999 court case Virmani v. Presbyterian Health Service Corp: "Plaintiff, Dr. Virmani, attached some of the records in question as exhibits to his complaint which was filed with the clerk. These documents were made public the moment that Dr. Virmani filed his complaint. While they might otherwise havebeen protected by N.C.G.S. § 131E-95, once they were filed in the public records of the court by the plaintiff as part of his complaint they were thrust into the public domain de facto and became subject to the public records act."

Note that this is not a direct statement.

By the 412 S.E.2d 7 1992 case News and Observer Pub. Co. v. Poole: "Plaintiffs do not seek disclosure of investigative reports in the possession of the SBI. They seek disclosure of copies of such reports in the possession of the Commission. The issue before us is whether these reports which have become Commission records continue to be exempt from the Public Records Act pursuant to section 114-15. We conclude that they do not. To extend the statutory exemption to SBI investigative reports which have been placed in the public domain is like unringing a bella practical impossibility. When such reports become part of the records of a public agency subject to the Public Records Act, they are protected only to the extent that agency's records are protected."

The 1996 case TIMES-NEWS PUB. CO., INC. v. State uses the previous case, saying: "Plaintiff, however, contends that the exhibits lost their exemption when the exhibits were released into the "public domain" upon their admission into evidence during the first Crotts' trial. As support for its argument plaintiff relies on the case News and Observer Publishing Co. v. Poole, 330 N.C. 465, 474, 412 S.E.2d 7, 12 (1992). In their brief, plaintiff espouse that "Poole specifically holds that records once-exempt from the Public Records Act's mandatory disclosure requirement lose their exempt status when introduced into the public domain." We decline to adopt such an interpretation of Poole in the instant case.

Note that the court itself didn't rule on the "public record -> public domain" question. This is because the documents were not deemed to be in the public domain, so the question was not ruled on.

The 2017 case Allen et al v. McCrory et al states: "Central to this case is the State's passage of N.C. Gen. Stat.§ 121-25(b), which even in its current form purports to convert copyrighted materials into the public record of the State where such materials are "in the custody of agency of North Carolina government or its subdivisions." N.C. Gen. Stat.§ 121-25(b). Public records are "the property of the people" under North Carolina law. N.C. Gen. Stat.§ 132-l(b). North Carolina's statute therefore purports to regulate the right to use and copy "photographs, video recordings, or other documentary materials," N.C. Gen. Stat.§ 121-25(b), which is subject matter within the scope of the Copyright Act. Plaintiffs assert the right to use such photographs, video recordings, and other documentary materials under exclusive copyright, but the state statute in question purports to transfer those exact same rights to the public domain. By asserting copyright over those works, plaintiffs would be in violation of this statute. For these reasons, plaintiffs have sufficiently stated a plausible claim that the statute is pre-empted by federal law and therefore invalid."

Oh! This is a very important case. It eventually arrived at the supreme court.

Are there records that are not public records, or public records for which use may be restricted?

Documents that are not public records or are otherwise restricted: § 132-1.8. Confidentiality of photographs and video or audio recordings made pursuant to autopsy: "Except as otherwise provided in G.S. 130A-389.1, a photograph or video or audio recording of an official autopsy is not a public record as defined by G.S. 132-1. However, the text of an official autopsy report, including any findings and interpretations prepared in accordance with G.S. 130A-389(a), is a public record and fully accessible by the public."

§ 132-1.14. Personally identifiable information of public utility customers

§ 132-1.23. Eugenics program records: " Records in the custody of the State, including those in the custody of the Office of Justice for Sterilization Victims, concerning the Eugenics Board of North Carolina's program are confidential and are not public records..."

§ 132-10. Qualified exception for geographical information systems: "Geographical information systems databases and data files developed and operated by counties and cities are public records within the meaning of this Chapter....As a condition of furnishing an electronic copy, whether on magnetic tape, magnetic disk, compact disk, or photo-optical device, a county or city may require that the person obtaining the copy agree in writing that the copy will not be resold or otherwise used for trade or commercial purposes. For purposes of this section, publication or broadcast by the news media, real estate trade associations, or Multiple Listing Services operated by real estate trade associations shall not constitute a resale or use of the data for trade or commercial purposes and use of information without resale by a licensed professional in the course of practicing the professional's profession shall not constitute use for a commercial purpose. For purposes of this section, resale at cost by a real estate trade association or Multiple Listing Services operated by a real estate trade association shall not constitute a resale or use of the data for trade or commercial purposes."

S.L.§ 115C‑174.13. Public records exemption: (a) "Until the State Board of Education designates that a test is released, any test developed, adopted, or provided by the State Board of Education", (b) "Any written material containing the identifiable scores of individual students on any test taken"

S.L. § 116‑43.17. Confidentiality of research data, records, and information of a proprietary nature: "Research data, records, or information of a proprietary nature, produced or collected by or for state institutions of higher learning in the conduct of commercial, scientific, or technical research where the data, records, or information has not been patented, published, or copyrighted are not public records as defined by G.S. 132‑1."