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Editor | Georgia Code Revision Commission |
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ISBN | 978-0-327-11074-3 |
OCLC | 8723145 |
The Official Code of Georgia Annotated or OCGA is the compendium of all laws in the state of Georgia. Like other state codes in the United States, its legal interpretation is subject to the U.S. Constitution, the U.S. Code, the Code of Federal Regulations, and the state's constitution. It is to the state what the U.S. Code is to the federal government.
An unusual feature of the OCGA is that, as stated in section 1-1-1, the privately prepared code annotations are officially merged into the official copy and are published under the authority of the state. The state held that it retained sole copyright in the code and that the authorized publisher held copyright to the annotations, though the laws of the state were the combination of the code and the annotations. Thus, the publisher would charge for reproductions of the OCGA, with a portion of the fee being returned to the state as a licensing fee. This longstanding feature goes back to the Code of 1872. In 2018, the 11th Circuit Court of Appeals held that the OCGA is not copyrightable, [1] and the U.S. Supreme Court affirmed that holding in April 2020.
The OCGA is the descendant of the first successfully enacted attempt in any English-speaking jurisdiction at a comprehensive codification of the substance of the common law, the Code of Georgia of 1861. [2] The enactment of the Code predated the enactment of civil codes in 1866 in Dakota Territory and 1872 in California based on the work of New York-based law reformer David Dudley Field II. [2] In 1889, Field expressly conceded that point in a written article; he credited his lack of awareness of the contemporaneous Georgia project "to the breaking out of the Civil War." [2]
Unlike the relatively race-neutral Field civil code, large portions of the original Code of Georgia were drafted by the pro-slavery Confederate lawyer Thomas Reade Rootes Cobb, so that the Code was shot through with Cobb's strong bias in favor of slavery and white supremacy. For example, as originally enacted, it contained a presumption that blacks were prima facie slaves until proven otherwise. [3] After the Civil War (in which Cobb died at the Battle of Fredericksburg), the Code had to be heavily revised in 1867 to eliminate portions that were obviously incompatible with the Thirteenth Amendment. The Code has been further revised and reenacted many times since.
In 2013 the State of Georgia, specifically the Georgia Code Revision Commission, threatened to sue Carl Malamud for copyright infringement over the posting of the Official Code of Georgia Annotated on the website Public.Resource.Org. [4] In 2015, the State of Georgia filed a copyright infringement lawsuit in the U.S. District Court, Northern District of Georgia. [5] The State of Georgia claimed a copyright in the Code, and that Carl Malamud and Public.Resource.Org had violated that copyright. Public.Resource.Org claimed that since the state has chosen to make the Official Code of Georgia Annotated the official and authoritative code of the entire state, the Code should not be subject to copyright law, and should be freely available for all citizens to read and access. The Code also holds, in denoting the annotated code as the "official code," that authorship and copyright remains with the State and not with the publisher.
In October 2018, the United States Court of Appeals for the Eleventh Circuit held that the Official Code of Georgia, Annotated, is not copyrightable. [1] The Code Revision Commission, established by the Georgia General Assembly, [6] appealed this decision to the United States Supreme Court. The Court heard the oral arguments on December 2, 2019. [7] The case, Georgia v. Public.Resource.Org, Inc. , decided the question:
Whether the government edicts doctrine extends to – and thus renders uncopyrightable – works that lack the force of law, such as the annotations in the Official Code of Georgia Annotated. [8]
In April 2020, the Supreme Court of the United States affirmed the appeals court ruling by holding that the code annotations were ineligible for copyright protection. [9]
The OCGA is divided into 53 titles:
Case citation is a system used by legal professionals to identify past court case decisions, either in series of books called reporters or law reports, or in a neutral style that identifies a decision regardless of where it is reported. Case citations are formatted differently in different jurisdictions, but generally contain the same key information.
The Georgia General Assembly is the state legislature of the U.S. state of Georgia. It is bicameral, consisting of the Senate and the House of Representatives.
Carl Malamud is an American technologist, author, and public domain advocate, known for his foundation Public.Resource.Org. He founded the Internet Multicasting Service. During his time with this group, he was responsible for developing the first Internet radio station, for putting the U.S. Securities and Exchange Commission's EDGAR database on-line, and for creating the Internet 1996 World Exposition.
The Code of Virginia is the statutory law of the U.S. state of Virginia and consists of the codified legislation of the Virginia General Assembly. The 1950 Code of Virginia is the revision currently in force. The previous official versions were the Codes of 1819, 1849, 1887, and 1919, though other compilations had been printed privately as early as 1733, and other editions have been issued that were not designated full revisions of the code.
Thomas Reade Rootes Cobb, also known as T. R. R. Cobb, was an American lawyer, author, politician, and Confederate States Army officer, killed in the Battle of Fredericksburg during the American Civil War. He was the brother of noted Confederate statesman Howell Cobb.
The Ohio Revised Code (ORC) contains all current statutes of the Ohio General Assembly of a permanent and general nature, consolidated into provisions, titles, chapters and sections. However, the only official publication of the enactments of the General Assembly is the Laws of Ohio; the Ohio Revised Code is only a reference.
The state government of Georgia is the U.S. state governmental body established by the Georgia State Constitution. It is a republican form of government with three branches: the legislature, executive, and judiciary. Through a system of separation of powers or "checks and balances", each of these branches has some authority to act on its own, some authority to regulate the other two branches, and has some of its own authority, in turn, regulated by the other branches. The seat of government for Georgia is located in Atlanta.
The California Codes are 29 legal codes enacted by the California State Legislature, which, alongside uncodified acts, form the general statutory law of California. The official Codes are maintained by the California Office of Legislative Counsel for the Legislature. The Legislative Counsel also publishes the official text of the Codes publicly at leginfo.legislature.ca.gov.
The California Code of Regulations is the codification of the general and permanent rules and regulations announced in the California Regulatory Notice Register by California state agencies under authority from primary legislation in the California Codes. Such rules and regulations are reviewed, approved, and made available to the public by the Office of Administrative Law (OAL), and are also filed with the Secretary of State.
Public.Resource.Org (PRO) is a 501(c)(3) non-profit corporation dedicated to publishing and sharing public domain materials in the United States and internationally. It was founded by Carl Malamud and is based in Sebastopol, California.
GeorgiaCarry.org (GCO) is a state-level gun rights organization that is dedicated to preserving and protecting the rights of its members to keep and bear arms as protected by the Second Amendment to the United States Constitution and Paragraph VIII of the Constitution of the State of Georgia. On its website, the organization describes itself as "Georgia's no-compromise voice for gun owners." The organization is also referred to as Georgia Carry in conversation and press coverage. It is a non-profit corporation organized under the laws of the State of Georgia. It has been described as Georgia's "powerful firearms lobbyist" that "makes the National Rifle Association look like a popgun group".
Edict of government is a technical term associated with the United States Copyright Office's guidelines and practices that comprehensively includes laws, which advises that such submissions will neither be accepted nor processed for copyright registration. It is based on the principle of public policy that citizens must have unrestrained access to the laws that govern them. Similar provisions occur in most, but not all, systems of copyright law; the main exceptions are in those copyright laws which have developed from English law, under which the copyright in laws rests with the Crown or the government.
The law of Colorado consists of several levels, including constitutional, statutory, regulatory, local, and case law. The Colorado Revised Statutes form the general statutory law.
The law of Virginia consists of several levels of legal rules, including constitutional, statutory, regulatory, case law, and local laws. The Code of Virginia contains the codified legislation that define the general statutory laws for the Commonwealth.
The law of Illinois consists of several levels, including constitutional, statutory, and regulatory law, as well as case law and local law. The Illinois Compiled Statutes (ILCS) form the general statutory law.
The law of the U.S. state of Georgia consists of several levels, including constitutional, statutory, and regulatory law, as well as case law and local law. The Official Code of Georgia Annotated forms the general statutory law.
The law of Michigan consists of several levels, including constitutional, statutory, regulatory and case law. The Michigan Compiled Laws form the general statutory law.
The Colorado Revised Statutes (C.R.S.) are a legal code of Colorado, the codified general and permanent statutes of the Colorado General Assembly.
Georgia v. Public.Resource.Org, Inc., No. 18-1150, 590 U.S. ___ (2020), is a United States Supreme Court case regarding "whether the government edicts doctrine extends to—and thus renders uncopyrightable—works that lack the force of law, such as the annotations in the Official Code of Georgia Annotated" (OCGA). On April 27, 2020, the Court ruled 5–4 that the OCGA cannot be copyrighted because the OCGA's annotations were "authored by an arm of the legislature in the course of its legislative duties"; thus the Court found that the annotations fall under the government edicts doctrine and are ineligible for copyright.
American Society for Testing and Materials et al. v. Public.Resource.Org is a United States court case concerning copyright of published building codes and fire codes and public access to the same. In 2013, Public.Resource.Org was sued by the American Society for Testing and Materials, the National Fire Protection Association, and the American Society of Heating, Refrigerating and Air Conditioning Engineers for scanning and making available building codes and fire codes which these organizations consider their copyrighted property. The case was heard in the District Court of the District of Columbia, with Judge Tanya S. Chutkan presiding. Chutkan ruled against Public.Resource.Org and ordered Malamud to delete all the standards from the Internet. Public.Resource.Org appealed the case to the D.C. Circuit. In 2018, the D.C. Circuit reversed and remanded the decision, holding that the fair use doctrines had been improperly applied. In March 2022 Chutkan issued an opinion that would allow Public.Resource.Org to reproduce 184 standards under fair use, partially reproduce 1 standard, and deny reproduction of 32 standards that were found to differ in substantive ways from those incorporated by law. ASTM et al. appealed the case to the D.C. Circuit, which affirmed the trial court decision.