16FC:0075

Date:
07/20/2017

Subject:
Doug Krejci/University of Iowa - Final Order

Opinion:

Before the Iowa Public Information Board

Summary: Formal complaint 16FC:0075 was filed on August 14, 2016, alleging the University of Iowa violated Iowa Code chapter 22 by refusing to release certain records.  The University of Iowa defends this decision by invoking the protections of Federal Copyright Law.  The facts are not disputed; however, the parties disagree over whether Federal Copyright Law preempts Iowa Code Chapter 22.  The parties negotiated and signed a settlement agreement on March 20, 2017.  On July 15, 2017, Doug Krejci reported that the agreement terms had been completed and requested dismissal.  The University of Iowa acknowledged that the terms had been completed on July 17, 2017.  Pursuant to the terms of the agreement, this complaint can be dismissed.

Doug Krejci filed complaint 16FC:0075 on August 14, 2016.  He alleged that the University of Iowa (UI) violated Iowa Code chapter 22 by failing to release copies of certain public records consisting of video footage and photos of the 2008 flooding taken by University of Iowa employees.

Krejci initially communicated with UI in early 2016, requesting a licensing agreement for use of the footage and photos.  When the parties were unable to agree upon the release, Krejci filed a public records request for the records on June 2, 2016.  On June 16, 2016, UI denied the record release, asserting copyright protections under federal law as to those documents.

Initially, Krejci contacted this office requesting informal assistance (see 16IC:0041).  The issue was transferred by UI to counsel for the Iowa Board of Regents, as the interplay between federal copyright laws and Chapter 22 public records would affect all Regent institutions.  The Regents provided a response that stated their opinion that federal copyright law preempts state public records law anytime a government body decides to assert copyright protection.

The IPIB accepted this complaint on September 15, 2016.  Iowa Code section 23.9 directs IPIB staff to work with both parties to determine whether an informal resolution can be reached.   Efforts to resolve the complaint through an informal resolution were initially unsuccessful.

Both parties were notified that the next step would be to move forward with a formal investigation and a probable cause report.  As part of this review, UI provided sample copies of the materials they considered to be confidential and not subject to release due to copyright laws.  Initially the materials were not viewable without access to specialized equipment that the IPIB does not have.  UI was able to provide the materials in a format that could be reviewed.

A probable cause report was provided to the IPIB and to both parties prior to the March 2017 IPIB meeting.  At that time, the parties reported that they had communicated among themselves and entered into a Settlement Agreement.

A copy of the Settlement Agreement was provided to the IPIB after the March IPIB meeting and provided to the IPIB on May 9, 2017

Term #3 of the Agreement requires that upon completion of the Agreement terms, Mr. Krejci will request the dismissal of this formal complaint.  Mr. Krejci reported on July 15, 2017, that the terms had been completed.  This was confirmed by UI on July 17, 2017.  Therefore, under the terms of the Settlement Agreement, this complaint should be dismissed.

Respectfully submitted this 17th day of July, 2017.

Margaret E. Johnson, JD
Interim Executive Director

Cc:       IPIB
​            Doug Krejci
​            Adwin Hesseltime, counsel for the University of Iowa
            Carrol Reasoner, counsel for the University of Iowa