“First, it is an important reminder that we cannot assume that public documents intended for a public purpose are necessarily public domain”. – See more at: http://blogs.library.duke.edu/scholcomm/#sthash.7f9DlSvd.dpuf

Dr. Kevin Smith does a really good job laying out, in a very practical way, what we at FSGI call the Copyright Conundrum.  We are working to figure out next steps to get real policy clarification so that State (and Local) government information can be in the public domain or at least bear some form of clear use statement (like a Creative Commons license)