Copyright status of work by U.S. subnational governments

The copyright status of works produced by the governments of states, territories, and municipalities in the United States varies. Copyright law is federal in the United States. Federal law expressly denies U.S. copyright protection to two types of government works: works of the U.S. federal government itself, and all edicts of any government regardless of level or whether or not foreign. Other than addressing these "edicts of government", U.S. federal law does not address copyrights of U.S. state and local government.

The U.S. Copyright Office gives guidance that "Works (other than edicts of government) prepared by officers or employees of any government (except the U.S. Government) including State, local, or foreign governments, are subject to registration if they are otherwise copyrightable." This leaves such works with the usual copyright protection unless applicable state or local law declares otherwise. Those laws, in turn, vary widely: Some state and local governments expressly claim copyright over some or all of their copyrightable works, while others waive copyright and declare that all government-produced documents are in the public domain. Some states' policies on the copyright of governmental works are not clearly defined.

Works by the Arizona state government are "are not in the public domain and are protected by copyright." Permission is generally required to use public records for a commercial purpose. The Arizona State Library, Archives and Public Records, a division of the Arizona Secretary of State, tells readers that permission for commercial use must be obtained according to procedures described in ARS § 39-121.03.

In 2009, the California Court of Appeal for the Sixth District, which has statewide jurisdiction, ruled, in County of Santa Clara v. California First Amendment Coalition, that the government may not claim copyright on public records.

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