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"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. "All public records are subject to disclosure unless the Public Records Act expressly provides otherwise." County of Santa Clara v. CFAC California Government Code section 6254 lists categories of documents not subject to disclosure under the Public Records Act. In addition, computer software is not considered a public record.

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 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.