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<br />\\iarle!', C P'2tersO!: <br />1E"'(")JTie I) FilI2 <br />Danie: \I/itt ~'r2[;l <br />Glenn A. Bemmac; <br />_Ohn Michae(Millel <br />1ichael T Oberle <br />:,teven H. Bruns' <br />Paul \V. Fahnin.g <br />Esther E. McGinnis <br />leffrey I. Cohen <br /> <br />PETERSON, <br />FRAM BERGMAN <br /> <br />~~ <br />GfJ- <br /> <br />Suite ;00 <br />SO East Fifth Street <br />St, Pewl, MN '5'il01.IIQi <br />i6S 1) 201-8Q"i,,) <br />i6'5]) l28.17'53 facsimile <br /> <br />'./<<>' <br />3',<, "';j...v," <br /> <br />"'f">';";;:::.f <br /> <br />""--",',"".',,..,.,", <br />;;;<>JLH;";;;(i <br /> <br />Direct Dial #(651) 290-6907 <br /> <br />October 26,2001: . <br /> <br />')(";n'( <br />CUUl <br /> <br />Joe Lynch <br />City Administrator <br />City of Arden Hills <br />1245 West Highway 96 <br />Arden Hills MN 55112 <br /> <br />~. ,." L. S <br />',; rHL '., <br /> <br />VIA FACSIMILE NO. 634-5137 <br />AND U.S. MAIL <br /> <br />RE: Recodification <br />PF&B File No. 10450.990003 <br /> <br />Dear Joe: <br /> <br />. <br /> <br />The City originally retained the League of Minnesota Cities to recodifY its regulations. <br />Apparently, the League of Minnesota Cities assigned the job to Arnerican Legal <br />Publications. I have not reviewed the contract between the City and American Legal <br />Publications. There may be specific contract provisions relating to the reproduction of the <br />recodified regulations. If a contract exists, I would like to review it. <br /> <br />Apart from any specific contract provisions, it is my understanding that the text of the <br />proposed recodification was the result of a collaboration between the League of Minnesota <br />Cities, American Legal Publications, the City Staff, the Planning Commission, and the City <br />Council. Essentially, existing regulations were modified and reformatted as a result of <br />nurnerous discussions. <br /> <br />. <br /> <br />Generally, a person can copyright material which is an original work of authorship. <br />"Originality" means that the work was independently created by the author and possesses <br />some minimal degree of creativity. Feiss Publications. Inc. v. Rural Teleohone Service <br />Companv. 111 S.Ct. 1282, 1287 (1991). If my understanding of the circumstances <br />surrounding the creation of the proposed recodification is correct and if contractual <br />provisions do not otherwise address the issue, it is my opinion that the proposed <br />recodification is (1) not material which can be copyrighted; (2) is material which can be <br />scanned into the City's word processing system; (3) is material which can be further <br /> <br />1\] ,....,..!.,<!- <br />