Fillable Form 192.324: Request for Copyrighted Materials (City of Dallas)

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Form 192.324: Request for Copyrighted Materials (City of Dallas)

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Request for
Copyrighted Materials
Company
Email
Description of Records Requested (To expedite your request, be as specific as possible in
describing the records being requested
)
Please Check All That Apply:
Pickup at City Hall
Email
US Mail
Official Use Only
File No.
Date
Rec'd
Requestor’s Information:
Name
Complete Address
I have been granted copying privileges by the copyright owner. (Please attach a copy of
the permission letter or copyright release from the copyright owner.)
I am not required to obtain a copyright release from the copyright owner because:
I intend to use the copies made for purposes such as criticism, comment, news
reporting, teaching, scholarship, or research as allowed by fair use doctrine (17
U.S.C. § 107). I understand I cannot use these copies for commercial gain.
The materials were created prior to March 1, 1989, and there is no copyright notice
on the plans.
The materials were created prior to 1923, and therefore are in the public domain.
Please return completed form to:
City Manager's Office
187 SE Court Street
Dallas, OR 97338
503-831-3502
sam.kaufmann@dallasor.gov
I understand that every person has a right to inspect any public record of a public body in this
state, except as otherwise provided by ORS 192.311 to 192.478. Further, I understand that fees
may be charged to reimburse the City
for its actual costs in making the records available. Such
calculation may include staff time, costs for summarizing, compiling, or tailoring a record to
meet my request. I hereby request the City of Dallas City Recorder to produce, to the best of
their ability, the records specified above. Any fees must be paid prior to release of the record(S)
requested. A deposit for fees, based on the estimated cost, will be required for any estimate
above $25. For estimated above $25, the City will provide a written estimate of the cost and will
seek confirmation to proceed or cancel the request. I understand if the fee is not paid, or
additional requested information is not provided within 60 days, the request will be closed.
I hereby agree to defend, indemnify, and hold harmless the City of Dallas, its officers,
employees, and agents from and against any and all claims, suits, actions, damages, and
liabilities arising out of or related to any copyright violation claim(s) made against the City as a
result of the reproduction of any materials identified in this request.
Form # 6
Last Revised: 09/22/2020
File Location: I:ALL/City Forms
Date Submitted
Date Submitted
How would you like to receive these records?
Requestor must read and sign:
Phone
ORS
192.324
Page 1 of 2
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City Manager’s Office
187 SE Court Street, Dallas, OR 97338
503-831-3502 Fax 503-623-2339
Frequently Asked Questions on the Request for Reproduction of Copyrighted Materials Form
The City of Dallas maintains a record of approved architectural drawings as a reference. The architectural
drawings are available for review; however, copyright law protects the duplication of these drawings
without the owner’s consent.
Q: What is a copyright?
A. A copyright is the exclusive right of the
copyright holder to copy, reproduce, or
make derivative works of their
copyrighted material, such as
architectural plans and drawings.
Q: Why is the City treating architectural works
differently than other types of documentation?
A. W
hile many types of work may be
eligible for copyright protection,
architectural works are given specific
protection under U.S. Copyright law. (An
architectural work is “the design of a
building as embodied in any tangible
medium of expression, including a
building, architectural plans, or drawings.
The work includes the overall form as well
as the arrangement and composition of
spaces and elements in the design, but
does not include individual standard
features.”)
Q: Why is the City saying architectural plans are
copyrighted if I don’t see the © symbol on it?
A. Ther
e are a few reasons. On and after
Ma
rch 1, 1989, it was no longer
necessary for copyright holders to place
the symbol on a work for it to have
copyright protection. Also, architectural
works are given specific protection
under U.S. Copyright law.
Q: Doesn’t Oregon Public Records Law mean the
City has to give copies to the public?
A. No.
Federal copyright law supersedes
Oregon Public Records law. Reques
tors
still do have the right to view
copyrighted material under the Public
Records law, but may not make copies
of the material without the copyright
owner’s consent.
Q: Who is the “owner” of a copyright?
A. Th
e “owner” is the party
that holds the
copyright and has the exclusive right to
allow copies of the work. For
architectural works, this may be either
the architectural firm that drew the
plans, or the party that hired the firm as
“work for hire,” such as a builder or
homeowner.
Q: How can a customer determine who holds the
copyright on plans or drawings?
A. The cus
tomer may view the
plans/
drawings and investigate who
owns the plans/drawings by contacting
the architect or owner represented on
the plans.
Q: How do I know if I’m qualified to copy under
fair use?
A. Thi
s is not an easy question to answer,
but in general, it is acceptable to copy if
it is for purposes such as criticism,
comment, news reporting, teaching,
scholarship, or research. It is also
generally acceptable to copy small
portions of a plan for limited, non-
commercial use, such as a copy of a
particular section in order to locate
electrical or a support wall, etc. It is not
acceptable to copy a full set of plans or
drawings to avoid having to pay the
owner for copies of those plans. It is not
fair use if the purpose is to gain
commercial advantage. (See 17 U.S.C. §
107 for more information)
Q: Are site plans copyrighted?
A. No.
Q: Can someone get a copy of plans or drawings
for a replacement set, for deferred submittal,
or revisions without a copyright release or
permission from the copyright owner?
A. No.
Q: What do we do with the copyright release or
permission letter?
A. Gi
ve the signed release or permission
letter to the C
ity Recorder along with the
Request for Reproduction of
Copyrighted Materials and Public
Records Request Form.
Q: What if the owner of the plans is deceased or
unavailable to fill out the form?
A. C
opyright exists for the life of the owner
plus 70 years, so death does not
automatically extinguish copyright.
Q: Who can answer questions about this
procedure?
A. C
ontact the City Recorder.
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Form 192.324: Request for Copyrighted Materials (City of Dallas)

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Completed 22 January 2021

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