December 10

Print Code and Citation Information Data Share

As a follow up to yesterday’s post about copyright issues with state codes, the data that I collected on print state versions can be found on this google drive spreadsheet.

I also went through all of the states’ citation rules, because I was curious about citation requirements to commercial vs. public domain works as well as requirements to use The Bluebook (a proprietary citation system) itself by states.  So that data is also in that spreadsheet.  My main takeaways from that are:

  • 11 states require use of the Bluebook (in whole or part)
  • 22 states specfically require citation to West National Reporter System cases (instead of using the cite you can find, for example, via Google Scholar.)
  • 16 states use public domain citation formats, although many also require parallel cites to West NRS cases.  Of course, anything before the change over to Public Domain will require cite to a non-vendor or media neutral source.

I want to go back through the citation rule information and see how many states have their own citation manual, because it could be inferred that those that don’t are also Bluebook by default.  Although I did see instances of “any accepted citation format” as a guide, so in theory they could use Peter Martin’s free and open Basic Legal Citation.  I also want to get an exact count of how many of the Public Domain states really do require citation to commercial cites.  Sort of kicking myself that I didn’t think to keep track when I was doing it, although with only 16 states, it should be pretty easy to accomplish.

December 9

Copyright Issues with State Codes

CVyw_FcWsAAVgU8.jpg largeHello, Gentle Reader!  Long time no post!  I’m in the process of writing up my research results from my survey/census of state published legal information.   You can get a preview of my findings in my recent Slaw.ca column “What Do You Mean the Law is Closed?” or this slide show that illustrates that post with some of the data included.  I didn’t make that slide show explicitly to go with the post – I’ve been traveling and I presented on my research using that deck.

One of the topics that I’m covering in my coming research report is the copyright…well, confusion, frankly….that exists with state codes. There are so many copyright notices on state legal information webpages!  It’s not entirely clear if they mean the legal info content or if it’s just something always stuck in the boiler plate of the webpage and they don’t really mean it or something in between.  Although I’m generally trying to stick to web-based publishing of law, I thought that before I left the HLS Mothership for the holidays, I’d check out their print collection of codes and see what the situation was there in hopes that would clear some things up.

SPOILER ALERT. IT DID NOT CLEAR THINGS UP FOR ME.

It did, however, find provide some fascinating data points.  For various definitions of the word ‘fascinating.’

For “official” print codes, I found the following numbers:

  • 4 – No Claim of Copyright by anyone
  • 22 – State Claims Copyright
  • 10 – Thomson Reuters (or some subsidiary thereof) Claims Copyright
  • 9 – LexisNexis (or some subsidiary there of, usually Mathew Bender) Claims Copyright
  • 3 Shared Claim of Copyright between State and Publisher

Sharp eyed readers will note that this only adds up to 48 codes.  That’s because some states have designated their online code to be official and some states have two official codes.

BUT HERE’S WHAT I FOUND TO BE REALLY INTERESTING….

Most of the codes are annotated, so it’s entirely possible that the claim of copyright is referring to the annotations.  Whether or not that is kosher is currently being decided in State of Georgia v. Malamud.  BUT BUT BUT…  Seven codes – Connecticut, Idaho, Minnesota, Nebraska, Nevada, South Carolina, South Dakota,  and Washington – are UN-annotated and yet there still is a state claim of copyright slapped on them.  So, unless I’m making a crazy assumption here, that means that these states are claiming copyright on something that is a clear edict of government (and thus public domain.)

Harvard has more than just the official codes in their collection, so in for a penny, in for a pound and I went through 64 state codes in total.  The numbers for them ended up being:

  • 4 No Claim of Copyright by Anyone
  • 23 State Claims Copyright
  • 21 Thomson Reuters (or some subsidiary thereof) Claims Copyright
  • 13 LexisNexis (or some subsidiary thereof) Claims Copyright
  • 3 Shared Claim of Copyright between State and Commercial Publisher.

Like I said, it’s confusing to know exactly what these copyright notifications are claiming copyright on.   Annotations, Section Headings, the text of the law itself… ¯\_(ツ)_/¯  However, in 3 of these codes, there was a disclaimer from the publisher (Matthew Bender each time) that they were not claiming copyright in the statutes, case quotes, etc., just the annotations.  So that I was nice.   And in one of the codes, the publisher (Thomson Reuters) said that they were only claiming copyright in the annotations and that the state had copyright in statutes.  So, score one for being clear, I guess…

And finally, in “things I didn’t realize I had to be annoyed about”, I found that Thomson Reuters (or some subsidiary thereof) fairly often had a trademark on names such as “Iowa Code Annotated.”  So if, for example, I wanted to publish my own annotated copy of the Iowa Code, I guess I would run into trademark issues with finding a clear name for it?   I’m honestly not an IP expert, so I need to think and research more about that, but on first pass/gut instinct, I thought there were some rules about trademarking common-ish names.

 

September 4

Activity Summary – Week Two

Made it to Friday of my first full week of work!  Yay me!   So what have I done this week?

I made it through the first pass of reviewing all 50 states (and DC) online codes. My goal was to have all of the state code data collection project done this week, so I’m pretty much on schedule. Yay me.*  About halfway through I decided I needed to have separate entries for the actual name of the code and the name of the official/certified version of the code.  (Because they’re not the same thing. Of course they’re not.)  I hope to fill that in, as well as a few unknowns in my datasheet by the end of business today.  That means I get to spend today in the Harvard Law Library Reading Room using the AALL State Bibliographies, which will hopefully help solve some mysteries for me.

After I get everything sorted I’ll make it all public.  I really want to jump into the data collection on case law, so any in depth analysis of the code information will probably wait.   I can say now that one way my thinking has changed is that – for some reason –  I used to think that only state websites could/should be the publisher of official digital copies of law.  However, something about seeing the number of privately published print official/certified codes has caused me to change my mind.  Why can’t a State Decoded website be certified too?

(I have vague ideas about how blockchain technology could be implemented ensure absolute accuracy and chain of custody with regards to code data without relying upon PDFs. But that’s another post for another day.  And I’m sure they’re are other ways of doing this. Hey hey, who’s got a research project and a couple of months to spare doing research?  This gal right here.  But I digress.)

Speaking of AALL, I was reminded this week of the Digital Access to Legal Information Committee.  They are the ones in charge of the 50 state surveys, which I am modelling my data collection on.  Yay for more people being interested in this type of information and future possible collaborators.

*It’s interesting being in charge of my own schedule and deadlines.  I like it.  Surprisingly, no guilt thus far about not working hard enough or fear about setting the bar too low.  I think maybe because it wasn’t that long ago that getting out of bed and getting dressed consisted of a victory for me that I’m in no rush to set myself up for failure.

Speaking of success, the Berkman stuff will finally start to ramp up next week.  There was an email chain of all the new/returning fellows/affiliates/associates etc introducing themselves.  Holy Impressive Lineup, Batman.  I was hit with a mixture of impostor syndrome and “I don’t think we’re in Kansas anymore, Toto.”  My parents like to kid me about being a librarian rockstar, but there are like, actual rockstars on this list.   And, oh, by the way, US Supreme Court justice coming to talk to us.   It’s intimidating and exciting and I can’t wait to learn more from the community.  I’m still not entirely sure how I am lucky enough to be doing this.

On the skills enhancement side of things, I started to work my way through the Code Academy web stuff.  All refresher thus far and pretty easy.    I was told by several people, quite understandably, that instead of asking what programming language I should learn, I should have a project in mind and build it and that will teach me what language to learn.  But that doesn’t quite answer the question about which language will do what I want – I don’t want to start building something in, say, Ruby, only to find that actually Python would have been better.  Does taht make sense?    At any rate, I think I’m going to start with the python modules on code academy.

I also want to highlight this blog post I read this week:  Libraries’ Tech Pipeline Problem.  Definitely reinforced my thinking that I have a great opportunity here to teach myself some new technical skills.

On a personal note, settling into Cambridge nicely.  My apartment – a small fully furnished one – is finally starting to feel a little like home/my space, even though I’m surrounded by other people’s stuff.  I’m also starting to get some routines in place, which are always comforting.   I’m definitely learning to embrace simplicity, just due to the size of my apartment and the fact that I couldn’t bring much stuff with me.  It’s nice.  I guess I could insert a reference to local boy Thoreau here, but I’ll pass on the temptation.    My plan for the weekend is to get the heck out of Boston one day – probably Salem because I know I definitely want to see that and soon it’ll be too close to Halloween to deal with – and maybe one day go down town and ride a double decker bus tour just to get the lay of the land.  I’ve been to Boston quite a few times in the past few years, but it seems like all I saw was either the convention center or Harvard Law School.

September 3

Utah Code Weirdness

This is NOT the only weird or confusing thing that I’ve encountered while surveying state codes online, but since I’m relying upon google webcaches (and my own saving of the webpages in question) to save this info, I thought I’d also blog some screenshots as a back up.

I’m currently looking at the Utah state codes.  I started, as I usually do, by googling “[state] code”.  The first hit, which is the government website, had in the synopsis part “The Utah Code consists of laws of the state that are codified. This web version is an official publication of the Utah State Legislature. Printed versions of the Utah …

I was pretty happy to see (a) an online official version and (b) the information so clearly spelled out without me having to hunt for it.  So I click on the link and

(You can click on the pictures to enlarge)

Okay, they moved.  No problem.  So I go to the new version and…there’s nothing about the officialness of the website.  Not at the bottom of the page, not in the Terms of Service, nada.   So what happened?  And when, exactly?

Here’s the before and after:

webcache

 

 

 

currentUtah

You’d think that something like ‘basic data collection about law’ wouldn’t have so many mysteries, but here we are.

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September 1

Official vs. Authentic

First things first, Gentle Reader, let me manage your expectations and let you know that I do not plan on blogging every day.   It’s just that now, at the beginning of my experience when my mind is going in several different directions at once at 1000 miles per hour that I feel the need to write my thoughts down in an attempt to bring some order to the chaos.    ANYWAY.

I’m about 20% through my code data collection process and one surprise is the difficultly I am having getting confirmation of the “official state code.”   Sometimes it’s spelled out, like in Colorado or Delaware.  Sometimes you get a curveball, like the certified copies in Kentucky.  And sometimes, like in Arizona, you really have no indication on the government websites and you have to rely upon a library research guide to tell you the name/publisher of  the official version.  And I still can’t decide if the name of the Alabama code is “Code of Alabama” or “Code of Alabama 1975.”    I’m probably over thinking this, but I just really want some thing to tell me “This is the official code and this is it’s official name.”

I’m making note of the official version because often times (I’m assuming and will confirm when I get to the court data collection) that’s the version you have to cite to in court proceedings.  And it’s all well and good to put a version of the code online for free, but if you (or a library) still need to shell out several hundred dollars for the usuable version, well…fuck that. Not to put too fine a point on it.   I mean, is it just me?  I realize that I am a lawyer and a librarian therefore I am big on RULES.   I think if you’re going to make a RULE that someone needs to use certain product to be able to have full participation as a citizen in this country, especially when said product is full of edicts of government, well then by God it should be free to access.

Authentication is a whole other monster, one that I really wasn’t planning on getting into, except now I’ve found that at least California and Delaware are putting authenticated versions of their state codes online.  Basically, authentication means that you’re guaranteed that the version you are reading is as it was published by the government.   I find the idea of an authenticated version of law very appealing, but increasingly less necessary.  Mainly because we’ve gone 200+ years without authenticated versions of law and just because things are now born digital why bother completely changing things up?   Interestingly, of the two authenticated codes that I’ve found, California doesn’t have an official code and Delaware makes their online version official.  I’m wondering if any jurisdiction has competing official and authentic versions?  I guess I’ll find out.

August 28

Codified State Statutes

First things first…I’m going to try and get my arms around what the current crop of law published online by the creating government looks like.    Seems simple enough, right?    Actually, I don’t think it will be too bad.  Just tedious and, if the few websites I looked at today are any indication,  heartbreaking.

I’m going to stick initially with just basic primary state level material – codes, case law and regulations.  (Although with case law, I think I may go county by county – all 3143 of them – so that for later data manipulation I can get everything with the correct state and federal jurisdictions.  Because I just know even without looking into it that federal and state judicial districts will not overlap nicely.  BUT ANYWAY.. enough about cases for now. )  At this state level investigation,  I’m also going to include DC and the inhabited territories, so that brings us to 56 geographic entities for codes and regulations.

So what are the data points I’m going to collect?  I think I came up with a good balance of COLLECT ALL THE DATA and things that are actually important to know.  Since I don’t have a final product firmly designed for this outside of using it for research and comparison, I may have erred on the side of “collecting too much” but if I’m going to spend time on this, I want to make sure that I’m Doing It Right.  As you can probably tell, my list has also been greatly informed by the recent problems with the Georgia State code.    Here are the data points I’m going to collect for codes.

  • Name of official version of code
  • Is official version annotated or unnannotated?
  • Publisher of Official Code
  • Online version URL
  • Is online version official?
  • Statement of officialness?
  • Format of Online Version
  • Publisher of Online Version
  • Use restrictions on Online version
  • Statement of Copyright
  • Current year only or archival versions available online?
  • Code archive or session law archive?
  • URL of Archival versions
  • If archival versions available, how far back?
  • Bulk download available?
  • Search capabilities – none, basic, advanced/filtered

Am I missing anything?