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Such copyrights for the benefit of the State were sustained by the courts. [6] Two cases before 1895 may also be noted with regard to the question of the rights of individual authors (or their successors) in material prepared for, or acquired by, the United States Government. In Heine v.
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. [1] Other than addressing these "edicts of government", U.S. federal law does not address copyrights of U.S. state and local ...
Federal, state, and local statutes and court decisions are in the public domain and are ineligible for copyright, a concept known as the government edicts doctrine. It is not difficult to see the motivations behind this:
The "Diagram of the Federal Government and American Union" of 1861, and; The "Diagram of the Federal Government, Or the Great Republic of the United States of America" from 1864. The map was lithographed by Ehrgott, Forbriger & Co., a manufacturer of American Civil War lithography portraits and other documents, such as diplomas and maps.
"The anti-commandeering doctrine says that the federal government cannot require states or state officials to adopt or enforce federal law." This became the principle by New York v. United States (1992). In this case, New York sued the federal government, questioning the authority of Congress to regulate waste management.
This change has been described by legal critics as the loss of a check and balance on the federal government by the states. [27] Following the Great Depression, the New Deal, and then World War II saw further growth in the authority and responsibilities of the federal government. The case of Wickard v.
In Washington, D.C., where the federal government has direct jurisdiction, the act also made it a misdemeanor, punishable by fine and imprisonment, to sell, give away, or have in possession any "obscene" publication. [35] Half of the states passed similar anti-obscenity statutes that also banned possession and sale of obscene materials. [36]
Federalism is a mode of government that combines a general level of government (a central or federal government) with a regional level of sub-unit governments (e.g., provinces, states, cantons, territories, etc.), while dividing the powers of governing between the two levels of governments.