File:Seal of California.svg

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Original file (SVG file, nominally 400 × 399 pixels, file size: 380 KB)

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Summary

Transwiki approved by: w:en:User:Dmcdevit

DescriptionSeal of California.svg	English: Seal of the State of California
Date	31 December 1937
Source	The base image came from [1] and is PD due to age.
Author	Original uploader was Zscout370 at en.wikipedia
Other versions

Licensing

This work was created by a government unit (including state, county, city, and municipal government agencies) that derives its powers from the laws of the State of California and is subject to disclosure under the California Public Records Act (Government Code § 6250 et seq.). It is a public record that was not created by an agency which state law has allowed to claim copyright, and is therefore in the public domain in the United States.

Records subject to disclosure under the Public Records Act

Pursuant to the California Public Records Act (Government Code § 6250 et seq.) "Public records" include "any writing containing information relating to the conduct of the public’s business prepared, owned, used, or retained by any state or local agency regardless of physical form or characteristics." (Cal. Gov't. Code § 6252(e).) notes that "[a]ll public records are subject to disclosure unless the Public Records Act expressly provides otherwise." County of Santa Clara v. CFAC California Government Code § 6254 lists categories of documents not subject to disclosure under the Public Records Act. In addition, computer software is not considered a public record, while data and statistics collected (whether collected knowingly or unknowingly) by a government authority whose powers derive from the laws of California are public records (such as license plate reader images) pursuant to EFF & ACLU of Southern California v. Los Angeles Police Department & Los Angeles County Sheriff's Department and are not exempt from disclosure and are public records.

Although the act only covers “writing,” the Act, pursuant to Government Code § 6252(g), states: “Writing” means any handwriting, typewriting, printing, photostating, photographing, photocopying, transmitting by electronic mail or facsimile, and every other means of recording upon any tangible thing any form of communication or representation, including letters, words, pictures, sounds, or symbols, or combinations thereof, and any record thereby created, regardless of the manner in which the record has been stored.

Agencies permitted to claim copyright

California's Constitution and its statutes do not permit any agency to claim copyright for "public records" unless authorized to do so by law. The following agencies are permitted to claim copyright and any works of these agencies should be assumed to be copyrighted outside of the United States without clear evidence to the contrary:

County boards of education. See Education Code § 1044.
School districts. See Education Code § 35170.
Community college districts. See Education Code § 72207.
The Department of Toxic Substances Control. See Health & Safety Code §§ 25111, 25201.11.
The Health and Human Services Agency (as to certain specified deliverables relating to the health information exchange). See Health & Safety Code § 130251.15.
The Commission on Judicial Appointments (as to certain recordings). Commission on Judicial Appointments, Guideline 7.
The California Education Information System. See Education Code §§ 10601, 10603.
The State Fire Marshal (as to promotional examinations). See Health & Safety Code § 13159.8.

County of Santa Clara v. CFAC held that the State of California, or any government entity which derives its power from the State, cannot enforce a copyright in any record subject to the Public Records Act in the absence of another state statute giving it the authority to do so. This applies even if there is a copyright notice, so long as the State of California or one of its agencies (other than those listed above) is indicated as the copyright holder.

Note: Works that are considered "public records" but were not created by a state or municipal government agency may be copyrighted by their author; the Supremacy Clause of the United States Constitution prevents state law from overriding the author's right to copyright protection that is granted by federal law. For example, a state agency may post images online of the final appearance of a building under construction; while the images may have to be released by such agency since they are public records, their creator (eg. architecture/construction firm) retains copyright rights to these images unless the contract with the agency says otherwise. See: Government-in-the-Sunshine Manual: To what extent does federal law preempt state law regarding public inspection of records?.

Copyrightable Works by the State in the United States: Works published by agencies that are permitted to claim copyright per state law should be tagged with {{PD-US-GovEdict}} instead of this template due to the reasons listed on that template.

Disclaimer: The information provided, especially the list of agencies permitted to claim copyright, may not be complete. Wikimedia Commons makes no guarantee of the adequacy or validity of this information in this template (see disclaimer).

This work is in the public domain because it was published in the United States between 1929 and 1963, and although there may or may not have been a copyright notice, the copyright was not renewed. For further explanation, see Commons:Hirtle chart and the copyright renewal logs.
Note that it may still be copyrighted in jurisdictions that do not apply the rule of the shorter term for US works (depending on the date of the author's death), such as Canada (70 years p.m.a.), Mainland China (50 years p.m.a., not Hong Kong or Macao), Germany (70 years p.m.a.), Mexico (100 years p.m.a.), Switzerland (70 years p.m.a.), and other countries with individual treaties.

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Flag of the United States

This image shows a flag, a coat of arms, a seal or some other official insignia. The use of such symbols is restricted in many countries. These restrictions are independent of the copyright status.

Original upload log

date/time	username	resolution	size	edit summary
04:18, 7 October 2007	w:en:User:Zscout370	400×399	156 KB	Created by me.

Image description page historia

link	date/time	username	edit summary
[2]	11:24, 25 November 2007	w:en:User:Dmcdevit
[3]	17:02, 7 October 2007	w:en:User:Zscout370
[4]	11:06, 7 October 2007	w:en:User:ST47
[5]	11:06, 7 October 2007	w:en:User:ST47
[6]	04:23, 7 October 2007	w:en:User:Zscout370
[7]	04:20, 7 October 2007	w:en:User:STBotI
[8]	04:18, 7 October 2007	w:en:User:Zscout370	(Created by me.)

File history

Click on a date/time to view the file as it appeared at that time.

	Date/Time	Dimensions	User	Comment
current	17:24, 18 May 2019	400 × 399 (380 KB)	Blcksx	Added elements missing from previous version: fifth ship, building, and smokestack/smoke on steamship. Corrected placement of the lance in front of Minerva's right forearm. Corrected placement of the miner's right hand on the far side of the pickax's handle.
	20:44, 21 May 2010	400 × 399 (153 KB)	Svgalbertian	Removed remaining PNG elements.
	03:39, 21 May 2010	400 × 399 (149 KB)	Zscout370	Trying to remove some of the PNG elements.
	02:35, 21 May 2010	400 × 399 (151 KB)	Zscout370	There is nothing embeded from this, but I will see what I can do.
	16:12, 5 May 2010	400 × 399 (169 KB)	Hydrargyrum	Reverted to version as of 05:16, 8 April 2010; bad Inkscape format fails W3C Validator
	21:03, 4 May 2010	400 × 399 (169 KB)	Hydrargyrum	Fix alignment of lance elements; fix object stack problems introduced in last edit by Penubug (missing lance elements); saved as Inkscape SVG file
	05:16, 8 April 2010	400 × 399 (169 KB)	Penubag	add a .2px stroke
	01:06, 30 December 2007	400 × 399 (156 KB)	BetacommandBot	Transwiki approved by: w:en:User:Dmcdevit {{Information \|Description={{en\|I am the creator of this image. The base image came from http://www.library.ca.gov/history/symbols.html#Heading1 and is PD due to age. category:Symbols of California}}