Affirming that California Jury Instructions Are in the Public Domain

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Petition on behalf of Public.Resource.Org, asking the Judicial Council of California to affirm that California’s jury instructions are in the public domain and free for public use

On behalf of Public.Resource.Org, the Samuelson Clinic asked the Judicial Council of California to clarify that California’s jury instructions are in the public domain and free for public use. The Judicial Council, a branch of the California judiciary, currently claims copyrights in the California Criminal and Civil Jury Instructions. These copyright assertions impose barriers to those who most need free and unfettered access to these important jury instruction materials, such as pro se litigants, criminal defendants, journalists, and those who seek to create free, widely accessible versions of the instructions or to translate them into California’s many languages. The Judicial Council of California is not permitted to claim copyright in the Jury Instructions under the government edicts doctrine: law and legal materials are not copyrightable when issued by judges or legislators as part of their official duties. This is especially clear in light of the Supreme Court’s recent decision in Georgia v. Public.Resource.Org, Inc., 140 S.Ct. 1498, 1506–1507 (2020). Accordingly, we petitioned the Judicial Council to (1) change a California Rule of Court (2.1050(c)) that suggests that the Jury Instructions are copyrightable; and (2) remove inaccurate copyright notices throughout the California Jury Instructions and relevant online materials. The petition includes statements of support with signatures from 342 law professors, librarians, and legal practitioners, 120 law students, 12 student organizations, 11 non-profits that work to increase access to information, the East Bay Community Law Center, the Office of the State Public Defender, the Habeas Corpus Resource Center, the California Appellate Project, and the San Francisco Public Defender’s Office.