Legal Question in Intellectual Property in Massachusetts

Copyright Infringement by Commonwealth??

If I understand the scenario correctly, a subscriber takes the work of an author and provides it to a state (Massachusetts??). A state employee reformats the information (to comply with a state law ??) and the resulting compilation is then published on that state's web page.

If the "reformulation" of the original work constitutes the creation of a "derivative" work, then the original author's copyright was infringed, unless the State has the right to reformulate the data (is the reformatting "fair use" ??) or unless the Commonwealth is immune from prosecution.

If you want to send along the statute in question, and some specifics of what was done, I would be happy to give a more specific opinion. To complain, you would need to be the original author of the work, and you would need to have the rights to the copyright (if you signed a contract giving rights to the Commonwealth, or if you are a Commonwealth employee, and the work is in the scope of your employment, then you do not have rights to the copyright).

This message is provided to assist you in structuring your thoughts when you speak with an attorney about your situation. I am not your attorney, and you are not my client, so this is not legal advice. Legal advice can only be given after a careful interview of the client by the attorney, and I have not had the opportunity to understand the significant issues that I must understand to render legal advice. You should contact an attorney in your state to discuss your situation. That attorney can give you the advice that your situation deserves, after carefully considering the issues that are legally significant in your situation.

To conform to WHAT statute?

What statute do you think requires a format?

Who is the copyright owner? Are you just the licensee?

What is your concern: are you afraid of being sued by the owner who gave you access? Or are you concerned more directly with the Commonwealth's misappropriation? The State makes a good target -- they're not going anywhere, they're not likely to lie on the stand, and they can afford to pay their just debts.

Anyway, send more details. Please describe the information to which you refer and the two formats and answer the questions above. Send it directly to me by e-mail.