Chicago Voxitatis, through our researcher, Alicia Mills, has filed Freedom of Information Act requests with every high school in Illinois in order to determine what musical(s) they are performing this year and last year.
For the most part, districts have provided the information requested. However, some significant questions have come up during the course of our information collection, and I need to address those valid concerns.
(1) The information is on the district Web site.
We requested the title, performance dates and times, and directors’ names for this year’s musicals as well as the title and ticket sales from last year’s musicals. The Illinois version of the Freedom of Information Act allows districts to provide us with a URL that contains this information, and we will accept such a URL. However, of the 567 public regular high schools in Illinois, very few Web sites contain all the information. Most commonly, the title of the musical and directors’ names are not listed.
(2) Is the request for commercial purposes?
No. The request is for educational purposes. We are publishing the information on our Web site. We are not selling it, and we do not use the names to market any product or service.
The Illinois version of the Freedom of Information Act makes it illegal to pretend the information is for non-commercial purposes when it is in fact for commercial purposes.
However, “commercial purpose” is defined in the law as follows (5 ILCS 140/2 (c-10)):
[T]he use of any part of a public record or records, or information derived from public records, in any form for sale, resale, or solicitation or advertisement for sales or services. For purposes of this definition, requests made by news media
and non-profit, scientific, or academic organizations shall not be considered to be made for a commercial purpose when the principal purpose of the request is (i) to access and disseminate information concerning news and current or passing events, (ii) for articles of opinion or features of interest to the public, or (iii) for the purpose of academic, scientific, or public research or education.
Chicago Voxitatis operates as a news service or data clearinghouse, and as such, qualifies as news media for the purposes of the definition in the Illinois Compiled Statutes. The information we are collecting certainly concerns “current or passing events” and we are using it for the purposes of education, specifically pursuant to Illinois Learning Standards 25.A.4, 25.A.5, 25.B.4, and 25.B.5.
For example, ILS 25.A.5 says students should be able to “[a]nalyze and evaluate student and professional works for how aesthetic qualities are used to convey intent, expressive ideas and/or meaning.” In order for students to evaluate student works, they need to have information about where to find it, what is being performed (so they can prepare or do some background research before attending the performance, for example), and so on. For this educational purpose, we compile all the musicals in the state and publish the titles and performance dates and times in one place, rather than burdening students with the need to browse Web sites of neighboring schools for information that, for the majority of district Web sites, isn’t there.
(3) Why do you need the names?
To give credit where credit is due. We will not appeal your decision to redact the names of directors from the response.
(4) Where is the title of the musical in school records?
If the musical took place in the past, it is part of a program booklet or newspaper story. If the musical will take place in the future, it is part of a copyright release or sublicense agreement signed by a school official. The only case where this document will not exist would be if the school is performing a musical for which a school official owns all copyright interest in the work. Performing a work of art without such a release would be a direct violation of US Copyright law.
