Misplaced Pages

#472527

58-588: It transits a broad variety of ecosystems, including mixed hardwood forested ridges, dense chaparral, riparian woods, and redwood forests. The western portion was initially closed in July 2017 due to damage from the Soberanes Fire and subsequent rains, which caused multiple landslides, wiping out the path, and left more than 100 trees blocking the trail. In January, 2020, the Forest Service announced that

116-660: A containment line on the northeast side of the fire, near Chews Ridge. Heavy smoke resulted from the burnouts. As of 23 September 2016 the costs to fight the fire exceeded $ 200 million, making it the most expensive fire suppression effort in United States history at the time. By October 9, the fire had burned 132,127 acres (53,470 ha) and was 99% contained. Incident management personnel expected to attain full containment by October 15. Fire personnel had been reduced to 704 workers, with many engaged in fire suppression repair efforts. On October 28, three months after

174-625: A contractor or grantee; copyrighted material assigned to the U.S. Government; or copyrighted information from other sources. Further, the copyright status of works by subnational governments of the United States is governed by its own set of laws. The first Federal statute concerning copyright in government publications was the Printing Law enacted in 1895 . Section 52 of that Act provided that copies of "Government Publications" could not be copyrighted. Prior to 1895, no court decision had occasion to consider any claim of copyright on behalf of

232-553: A government-published set of Presidential proclamations. Section 7 of the Copyright Act of 1909 (later codified as Section 8 of title 17 U.S.C.) provided that "No copyright shall subsist ... in any publication of the United States Government, or any reprint, in whole or in part, thereof ..." Section 7 also contained a "savings clause", which stated that "The publication or republication by

290-647: A small gas or propane stove. When the trail is open, There is limited parking at the Pine Ridge trailhead near China Camp. On the western end there is a secure parking lot at the Big Sur Ranger Station. Parking is $ 10.00 per day. The trail head there is the wilderness entry point of choice for many backcountry travelers. While many use it for access to the riverside camps along the Big Sur River , it also gives access to several loop trips in

348-506: A state or local government may be subject to copyright. Some states have placed much of their work into the public domain by waiving some or all of their rights under copyright law. For example, the constitution and laws of Florida have placed its government's works in the public domain. Unorganized territories (such as American Samoa and the former Trust Territory of the Pacific Islands ) are treated, for copyright purposes, as

406-408: Is not required to assert claim to copyright. Whenever the contractor asserts claim to copyright in works other than computer software, the government, and others acting on its behalf, are granted a license to reproduce, prepare derivative works , distribute, perform and display the copyrighted work. For computer software produced under FAR contract, the scope of the government's license does not include

464-472: Is printed", with the proviso "that no publication reprinted from such stereotype or electrotype plates and no other Government publication shall be copyrighted". The provision in the Printing Act concerning copyright of government works was probably the result of the "Richardson Affair" , which involved an effort in the late 1890s by Representative James D. Richardson (1843–1914) to privately copyright

522-432: Is published or republished commercially, it has frequently been the practice to add some "new matter" in the form of an introduction, editing, illustrations, etc., and to include a general copyright notice in the name of the commercial publisher. This in no way suggests to the public that the bulk of the work is uncopyrightable and therefore free for use. "To make the notice meaningful rather than misleading", section 403 of

580-463: Is the most popular trail in the Ventana Region. The trail offers equestrians an array of backcountry camps. The interior portion of the trail traverse conifer and mixed hardwood forested ridges and meadows at Pine Ridge, Divide, and Pine Valley camps. The western half passes through redwood-shaded Terrace Creek, Barlow, Sykes and Redwood Camps. A California Campfire permit is required to operate

638-586: The California Department of Forestry and Fire Protection to the United States Forest Service 's Alaska Interagency Incident Management Team. By September 18, the fire had increased in size to 113,260 acres (45,830 ha). Containment was still only at 61%, and 1,921 firefighters were at work. Some evacuation orders on the northern perimeter had been lifted, and crews were working on burnout operations to establish

SECTION 10

#1732791027473

696-636: The Department of Commerce under the Standard Reference Data Act. National Defense Authorization Act (NDAA), FY2020, granted civilian members of the faculty at twelve federal government institutions the authority to retain and own copyright of works produced in the course of employment for publication by a scholarly press or journal. The lack of copyright protection for works of the United States government does not apply to works of U.S. subnational governments. Thus, works created by

754-572: The Federal government of the United States . Sierra Club (2003). Trail Guide to Los Padres National Forest (7th ed.). Carmel Print and Copy. Soberanes Fire The Soberanes Fire was a large wildfire that burned from July to October 2016 in the Santa Lucia Mountains of Monterey County, California . It destroyed 57 homes and killed a bulldozer operator, and cost about $ 260 million to suppress, making it at

812-547: The United States Postal Service are typically subject to normal copyright. Most USPS materials, artwork, and design and all postage stamps as of January 1, 1978, or after are subject to copyright laws. Works of the former United States Post Office Department are in the public domain (due to its former position as a cabinet department). 15 U.S.C.   § 290e authorizes U.S. Secretary of Commerce to secure copyright for works produced by

870-584: The military may differ significantly from civilian agency contracts. Civilian agencies and NASA are guided by the Federal Acquisition Regulations (FAR). There are a number of FAR provisions that can affect the ownership of the copyright. FAR Subpart 27.4—Rights in Data and Copyright provides copyright guidance for the civilian agencies and NASA. Additionally, some agencies may have their own FAR Supplements that they follow. Under

928-401: The public domain . This act only applies to U.S. domestic copyright as that is the extent of U.S. federal law. The U.S. government asserts that it can still hold the copyright to those works in other countries. Publication of an otherwise protected work by the U.S. government does not put that work in the public domain. For example, government publications may include works copyrighted by

986-454: The 1976 Act required that, when the copies consist " 'preponderantly of one or more works of the United States Government', the copyright notice (if any) identify those parts of the work in which copyright is claimed. A failure to meet this requirement would be treated as an omission of the notice", resulting, absent the application of some exception, in the loss of copyright protection. The Berne Convention Implementation Act of 1988 amended

1044-504: The 27 miles (43 km) trail from China Camp was begun in late April, 1916, soon after the land was added to the Monterey National Forest . It was built by a crew supervised by Monterey Forest District Ranger O. O. Bundy and Foreman Ed Burns. The trail was financed by the Forest Service, Monterey County, and private individuals and companies. Its original purpose was a fire patrol route and to enable fire crews access to

1102-536: The Copyright Act that now govern U.S. Government work were enacted in 1976 as part of the Copyright Act of 1976 . The House Report to the enacted legislation stated that "the basic premise of section 105 of the bill is the same" as section 8 of the former title 17. Section 403 of the 1976 Act introduced a new provision concerning documents consisting preponderantly of one or more government works. In essence, such works would be denied copyright protection unless

1160-480: The FAR general data rights clause (FAR 52.227-14), the government has unlimited rights in all data first produced in performance of or delivered under a contract, unless the contractor asserts a claim to copyright or the contract provides otherwise. Unless provided otherwise by an Agency FAR Supplement, a contractor may assert claim to copyright in scientific and technical articles based on or containing data first produced in

1218-597: The Federal Government had no right to claim copyright in a work prepared by him for the Government. Other decisions had held that individuals could not have copyright in books consisting of the text of Federal or State court decisions, statutes, rules of judicial procedures, etc., i.e., governmental edicts and rulings. Copyright was denied on the grounds of public policy: such material as the laws and governmental rules and decisions must be freely available to

SECTION 20

#1732791027473

1276-445: The Government itself. Courts had, however, considered whether copyright could be asserted as to the text of laws, court decisions, governmental rules, etc., and concluded that such material were not subject to copyright as a matter of public policy. But other material prepared for State Governments by their employees, notably the headnotes, syllabi, annotations, etc. prepared by court reporters, had been held copyrightable on behalf of

1334-460: The Government, either separately or in a public document, of any material in which copyright is subsisting shall not be taken to cause any abridgment or annulment of the copyright or to authorize any use or appropriation of such copyright material without the consent of the copyright proprietor." The committee report on the bill that became the Act of 1909 explains that the savings clause was inserted "for

1392-552: The Pine Ridge Trail, the trails to Terrace Creek and Ventana Camp, and the Sykes , Barlow Flat, Redwood, Terrace Creek, and Ventana Campgrounds are closed. The Forest Service stated that they intend to strictly enforce the closure order. Violators are subject to a penalty of $ 5,000 and/or six months in jail. When U.S. Forest Service staff surveyed damage to the trail, they found over 100 downed trees, lot of brush growing over

1450-497: The State. Such copyrights for the benefit of the State were sustained by the courts. 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. Appleton , an artist was held to have no right to secure copyright in drawings prepared by him as a member of Commodore Perry's expedition, since

1508-529: The States. The Copyright Act of 1909 was the first copyright statute to address government publications. Section 7 of the Act (later codified as Section 8 of title 17 U.S.C.) provided that "No copyright shall subsist   ... in any publication of the United States Government, or any reprint, in whole or in part, thereof". Prior to the Printing Act of 1895, no statute governed copyright of U.S. government works. Court decisions had established that an employee of

1566-531: The U.S. government. Their works therefore fall under § 105 and lack copyright protection. Certain works, particularly logos and emblems of government agencies, while not copyrightable, are still protected by other laws that are similar in effect to trademark laws. Such laws are intended to protect indicators of source or quality. For example, some uses of the Central Intelligence Agency logo, name, and initialism are regulated under

1624-501: The Ventana Wilderness. From the east, you can access the upper portion of the trail from China Camp . The trail head is about 34 miles (55 km) and a 90-minute drive from Monterey. There is no overnight trailhead parking without a campground reservation. Portions of the road from Tassajara Road to Chews Ridge are suitable for high-clearance vehicles or four-wheel drive vehicles. During the winter or in inclement weather,

1682-671: The back country in case of fire. Tassajara Hot Springs was accessible from the eastern end of the trail, which terminated near the Pfeiffer Hotel in Big Sur. It was also mentioned as a possible recreational trail during its construction. They also built a trail from the Pine Ridge trail to Pine Valley and repaired a phone line from Arroyo Seco to the Arbolado ranger station in Big Sur. [REDACTED]  This article incorporates public domain material from websites or documents of

1740-473: The contractor by whom Reagan was employed, was fined $ 20,000 for failing to report the fatality, failing to require seat belts on the equipment, failing to warn employees of the applicable hazards, and other offenses. Ian Czirban, the head of the company, was also charged by Monterey County prosecutors with six felonies for tax evasion and insurance fraud , and a misdemeanor charge for failing to maintain workers' compensation insurance. Czirban disputed

1798-399: The copies or phonorecords embodying any work or works protected under this title". Unlike works of the U.S. government, works produced by contractors under government contracts are protected under U.S. copyright law . The holdership of the copyright depends on the terms of the contract and the type of work undertaken. Contract terms and conditions vary between agencies; contracts to NASA and

Pine Ridge Trail - Misplaced Pages Continue

1856-467: The court decisions. These cases may be said to have established the principle that material prepared by a government employee outside of the scope of the public policy rule was copyrightable; and that the employee who prepared such material on his own could secure copyright therein. There appears to be no court decision before 1895 dealing directly with the question of whether the United States Government might obtain or hold copyright in material not within

1914-425: The drawings belonged to the Government. In Folsom v. Marsh , where a collection of letters and other private writings of George Washington had been published and copyrighted by his successors, the purchase of the manuscripts by the United States Government was held not to affect the copyright. The contention of the defendant that the Government's ownership of the manuscripts made them available for publication by anyone

1972-474: The federal government of the United States A work of the United States government is defined by the United States copyright law , as "a work prepared by an officer or employee of the United States Government as part of that person's official duties". Under section 105 of the Copyright Act of 1976 , such works are not entitled to domestic copyright protection under U.S. law and are therefore in

2030-444: The federal government purchased former U.S. President James Madison 's manuscripts from his widow, Dolley Madison , for $ 30,000. If this is construed as covering copyright as well as the physical papers, it would be an example of such a transfer. Works by certain independent agencies, corporations and federal subsidiaries may not be considered "government works" and may, therefore, be copyrightable. For instance, material produced by

2088-556: The fines and charges, saying that he was not Reagan's employer and did not own the equipment at issue. He entered a plea of "not guilty" on May 11, 2017. In October 2019, Czirban was found guilty of two counts of willfully failing to file a payroll tax return, one count of not having a workers' compensation insurance policy, and one count of filing a false document. He was convicted and sentenced to 300 days of home confinement and three years of felony probation for violating state labor laws. Another company, Industrial Defense Development,

2146-646: The fire. By Saturday, July 30, the fire had spread south and east into the Los Padres National Forest . Almost a month later, on August 26, the fire had grown to over 90,000 acres (36,000 ha) and was only 60% contained. The majority of the fire by then was within the Los Padres National Forest and the Ventana Wilderness , and unified command of the fire suppression work was transferred from

2204-501: The first three weeks. Robert Baird, supervisor of the Los Padres National Forest, estimated that firefighters saved US$ 6.8 billion worth of real estate. The fire burned and possibly killed the largest Pacific madrone tree in the United States, within the Joshua Creek Canyon Ecological Reserve. The tree was 125 feet (38 m) tall and more than 25 feet (7.6 m) in circumference. The madrone

2262-405: The law to make the use of a copyright notice optional on copies of works published on and after March 1, 1989 and also revised Section 403. After the adoption of this act, a copyright notice was no longer necessary to secure copyright protection. Including the notice, however, does continue to confer certain benefits, notably in the challenging a defendant's claim of innocent infringement, where

2320-505: The list of the largest California wildfires in terms of acreage burned. The fire was first reported by hikers in Garrapata State Park at 8:48 a.m. on Friday July 22, 2016, and was later determined to have started from an unattended illegal campfire. By Saturday morning, the fire had grown to 2,000 acres (810 ha) and forced the evacuation of about 300 homes in the community along Palo Colorado Canyon . By

2378-502: The morning of Sunday, July 24, the fire had grown to over 10,000 acres (4,000 ha), with 5% of the fire perimeter contained. Officials said that Toro Park would be closed so that firefighters could use the area as a base camp. Evacuation warnings were also issued for all of Carmel Highlands . On Tuesday, July 26, acting California governor Tom Torlakson declared a state of emergency in Monterey County due to

Pine Ridge Trail - Misplaced Pages Continue

2436-489: The performance of a contract and published in academic, technical or professional journals, symposia proceedings, or the like. The express written permission of the Contracting Officer is required before the contractor may assert or enforce the copyright in all other works first produced in the performance of a contract. However, if a contract includes Alternate IV of the clause, the Contracting Officer's approval

2494-408: The public and made known as widely as possible; hence there must be no restriction on the reproduction and dissemination of such documents. While copyright was denied in the text of court decisions, material added by a court reporter on his own – such as leadnotes, syllabi, annotations, indexes, etc. – was deemed copyrightable by him, although he was employed by the government to take down and compile

2552-592: The public policy rule. But the question did arise with respect to State Governments. In the nineteenth century much of the public printing for the States was done under contract by private publishers. The publisher would not bear the expense of printing and publishing, however, unless he could be given exclusive rights. To enable the State to give exclusive rights to a publisher, a number of States enacted statutes providing that court reporters or other State officials who prepared copyrightable material in their official capacity should secure copyright in trust for or on behalf of

2610-442: The question of proper notice may be a factor in assessing damages in infringement actions. Under the revised Section 403, these benefits are denied to a work consisting predominantly U.S. Government works "unless the notice of copyright appearing on the published copies or phonorecords to which a defendant in the copyright infringement suit had access includes a statement identifying, either affirmatively or negatively, those portions of

2668-426: The reason that the Government often desires to make use in its publications of copyrighted material, with the consent of the owner of the copyright, and it has been regarded heretofore as necessary to pass a special act every time this was done, providing that such use by the Government should not be taken to give to anyone the right to use the copyrighted material found in the Government publication". The Sections of

2726-467: The required copyright notice included a statement specifically identifying those parts of the work that were not U.S. Government work, and therefore subject to copyright protection. According to the House Report, this provision was aimed at a publishing practice that, while technically justified under the present law, has been the object of considerable criticism. In cases where a Government work

2784-401: The right to distribute to the public, but for " commercial off the shelf software", the government typically obtains no better license than would any other customer. The federal government can hold copyrights that are transferred to it. Copyright law's definition of work of the United States government does not include work that the government owns but did not create. For example, in 1837,

2842-595: The road may not be passable. The Pine Ridge Trail was closed during the Soberanes Fire in June 2017. The western portion of the trail between Big Sur Station and the junction with the Big Sur Trail was severely damaged by the fire and rain during the following winter. As of August 2018, the western trail is blocked by multiple washouts along creeks and dozens of fallen trees across the path. In addition to

2900-526: The time the most expensive wildfire to fight in United States history. At the fire's peak, over 5,000 personnel were assigned to the blaze. The fire was the result of an illegal campfire in Garrapata State Park . By the time it was finally extinguished, the fire had burned 132,127 acres (53,470 ha) along the Big Sur coast in the Los Padres National Forest , Ventana Wilderness , and adjacent private and public land in Monterey County, ranking it 18th on

2958-476: The trail was being reconstructed. In late 2022, the trail was reopened but in March 2023 the portion from Ventana Camp to Terrace Creek was closed again. The trail is considered "strenuous and challenging even for experienced hikers". It crosses the Ventana Wilderness east to west from 4,260 foot (1,300 m) China Camp on Tassajara Road and Chews Ridge to Big Sur Ranger Station at about 300 feet (91 m). It

SECTION 50

#1732791027473

3016-416: The trail, and four major slides where sections of the trail are entirely gone. Reopening the trail requires an environmental assessment and perhaps re-routing the trail entirely. Because the area is a federal wilderness and includes a wild and scenic river corridor, reconstruction may require specialized professional trail-building crews with skill in blasting and possibly even new bridges to be built. The trail

3074-482: The wildfire had started, fire management personnel reported that the fire was 100% contained, and that remaining smoldering hotspots would be put out by rains expected shortly afterward. By that time, restoration crews had completed suppression repair work on 374 miles (602 km) of the fire line. The fire destroyed 57 homes and 11 outbuildings in the Garrapata Canyon and Palo Colorado Canyon areas during

3132-604: Was closed indefinitely. In January, 2020, the Forest Service announced that trail crews were restoring and partially rerouting the trail. It might open in the summer of 2020. They also stated that the rudimentary hot springs enclosures built at Sykes Camp had been destroyed by floods, and that the Forest Service would not allow them to be rebuilt. "The hot tubs are not going to be allowed back," Forest Service spokesperson Lynn Olson stated. The artificial structures violate wilderness ethics and laws that do not permit man-made structures. The trail has since been re-opened. Construction of

3190-553: Was denied. The Printing Law of 1895, which was designed to centralize in the Government Printing Office, the printing, binding, and distribution of Government documents, contained the first statutory prohibition of copyright in Government publications. Section 52 of that Law provides for the sale by the Public Printer of "duplicate stereotype or electrotype plates from which any Government publication

3248-486: Was fined $ 6,000 for injuries that another firefighter sustained when the water truck he was driving rolled over an embankment. On August 2, 2016, officials announced that their investigation found that the fire had been caused by an unattended illegal campfire. While no suspect was identified, Monterey County District Attorney Dean Flippo said that, if an arrest were made, the culprit could be charged with negligence and manslaughter. Copyright status of works by

3306-520: Was killed when his bulldozer rolled over, pinning him, while he was maneuvering around a fire truck on a steep slope in the Palo Colorado Canyon area. In March 2017, Reagan's widow filed a wrongful death suit against the state of California for her husband's death while fighting the fire. They later dropped the suit due to a law that gives the state immunity from wrongful death lawsuits. In April 2017, Czirban Concrete Construction,

3364-571: Was listed on the American Forests National Big Tree list in 2003, a register of the biggest trees by species in the United States. The California Department of Parks and Recreation announced on September 28, 2016, that Garrapata State Park east of Highway 1, where the fire started, would remain closed through the winter. On Tuesday, July 26, at 11:00 PM, Robert Oliver Reagan, an on-call bulldozer operator contracted by Czirban Concrete Construction to CalFire,

#472527