Preface
This brief note addresses, in my opinion, this bizarre code. Here it is for referral.
69954. (d) Any court, party, or person who has purchased a transcript may, without paying a further fee to the reporter, reproduce a copy or portion thereof as an exhibit pursuant to court order or rule, or for internal use, but shall not otherwise provide or sell a copy or copies to any other party or person.
(Emphasis added as this is the bizarre part.)
Discussion
Yes you read it right, and yes you cannot post or publish a transcript, for example, on the Internet without getting permission and paying the court reporter despite the fact that you may feel you already paid for it, and it’s yours.
Also consider these factors.
- The court pays the court reporter - so you would think the work product of the employee (the court record) is the court's and so the public should have access to it.
- The transcript is a verbatim copy of the court hearings and so is not entitled to copyright protection.
- You may have paid a mandatory court fee for a court reporter to be present - so what's the fee for? Does the court reporter work for you or the court?
Now as best I can fathom the courts and the court reporters have created a bizarre legal fiction.
Here’s the fiction:
- While the court reporter works for the court (i.e. is paid by the court) they are there only for recording the court proceeding. Period. Nothing more.
- The court proceeding that the court reporter has recorded is NOT part of the official court record.
- The court reporter is allowed to take "home" the work product of the employer, the court in this case.
- Once "home" the court reporter is now an independent contractor who can use the work product of the court, make an "official" transcript, own the copyright in that verbatim "official" transcript, and sell it to the parties, the press, whomever.
- To have the "official" transcript made a part of the official court record you must purchase it from the independent contractor court reporter and enter it into the court record.
Conclusion
Could you imagine a software engineer working for a company taking home the code, making an “official” copy, getting the copyright on it and selling it? Try that and you’d be laughed out of court.
So there you have it, a bizarre rule that is ripe for litigation – if you want to take on the court and court reporters, and possibly drag in the California employment agencies.
This Brief Note is for educational purposes and is not to be construed as legal advice
