Yet another reason to be thankful for the Kentucky Open Records Act. Any question about the public's right to photograph or otherwise make copies of public records using personal devices was long ago put to rest.
Only county clerks are permitted to restrict the public's use of devices (scanners, cameras, personal copiers) to make copies. apps.legislature. https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=40089
In 2012, the General Assembly enacted KRS 64.019, stating:
"A clerk may establish procedures for obtaining copies of records under his or her control, including restricting the use of devices including but not limited to scanners, cameras, computers, personal copiers, or other devices that may be used by an individual seeking a copy of a document maintained by the clerk, but a clerk shall not restrict the ability of any person to make handwritten notes regarding documents and records maintained by the clerk."
The statute goes on to authorize copying fees of up to fifty cents per page for copies of records a county clerk reproduces in response to an open records request.
Unless the law states otherwise, all other public agencies must permit the use of personal devices to make copies of records and may charge only their actual costs, excluding staff costs. Typically, that figure is deemed to be ten cents per page.
