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bustedmugshots.com owner suing Salt Lake County for jail booking pictures

Published May 23, 2013 3:25 pm

This is an archived article that was published on sltrib.com in 2013, and information in the article may be outdated. It is provided only for personal research purposes and may not be reprinted.

The owner of a mug-shot website wants a judge to decide on whether Salt Lake County can invoke copyright to withhold booking photos.

As Mike Gorrell reports, Kyle Prall, owner of bustedmugshots.com, is going to court to overturn the county's denial of his Government Records Access and Management Act (GRAMA) request for 1,388 mug shots taken between Jan. 11 and Jan. 27. The county claimed the pictures were classified as protected records under the federal Copyright Act.

The move is an effort by the county to keep the mug shots off websites that publish the pictures, only removing them if the person pictured pays a fee. Salt Lake County Sheriff Jim Winder has also removed the pictures from the jail's website, requiring those who seek them to file a GRAMA request.

Prall's site offers to remove pictures for free for those who have been acquitted or not charged, while charging others at least $98 to take down their pictures.

Prall argues that if allowed to stand, the copyright argument could be used to undermine open-government laws."

Federal copyright law also states that government cannot claim copyright for any documents it creates.

Prall claims the county's move also flies in the face of GRAMA by allowing government to withhold records based on how they plan to use the documents. GRAMA does not look at the requester's intent when weighing whether a record should be released.

County Council Chairman Steve DeBry declined to comment, citing the lawsuit.