Grok/X on March 21, 2025 about the unusual restricted access/confidential classification of
the “contract archeology” report on Pilot Mountain:
A request was made for the archelogy report on Pilot Mountain State Park that was published in 1983 (tDar site) and is still restricted access, confidential, contains embargoed items and was released in redacted form by the Office of State Archeology. Can that sanitized report now be publishing in the book, "Legends of Pilot Mountain" or should there be a publishing release from the organization that released it to the author?
The 1983 archaeological report on Pilot Mountain State Park, authored by Robin Johnson Myers and managed by the North Carolina Office of State Archaeology (OSA), is indeed listed in the tDAR (The Digital Archaeological Record) database (tDAR ID: 197736). According to available information, this report was originally migrated from the National Archaeological Database Reports Module (NADB-R), scanned from a copy held at the Research Laboratories of Archaeology at UNC-Chapel Hill, and uploaded to tDAR with support from the North Carolina Archaeological Council. The OSA maintains control over access to the digital file, and at least one of its attached files is explicitly marked as "restricted from public view." This restriction typically stems from confidentiality concerns, such as protecting sensitive archaeological site locations under state and federal laws (e.g., N.C. Gen. Stat. § 70-18 or the Archaeological Resources Protection Act), and the report was released in a redacted form to comply with these protections.
Under the North Carolina Public Records Law (N.C. Gen. Stat. § 132-1 et seq.), archaeological site files and reports maintained by the OSA are considered public records and can be requested by anyone, but confidential information—such as precise site locations—is redacted before release. The redacted version of the 1983 Pilot Mountain report, as provided by the OSA, would thus be the publicly accessible form of this document. Since it’s already been released in this sanitized format, it exists in the public domain to the extent allowed by law, meaning you wouldn’t need a separate publishing release from the OSA to include it in your book, "Legends of Pilot Mountain," provided you’re using only the redacted version as supplied.
However, there are a few key considerations:
Source of Your Copy: If you obtained the redacted report directly from the OSA via a public records request, you’re free to publish it as-is, since it’s already been cleared for public dissemination. The OSA’s act of releasing it in redacted form implies no further permission is required for use, as long as you don’t have access to or attempt to include the embargoed (unredacted) content.
Copyright and Attribution: While the report is a public record, copyright might still apply to its specific text or structure as authored by Robin Johnson Myers. Public records laws don’t automatically negate copyright, though government-produced works in North Carolina are often free of such restrictions. The OSA’s management of the report via tDAR suggests it’s intended for research use, but to be safe, you should credit the source (e.g., “Robin Johnson Myers, 1983, Archeological Resource Survey and Evaluation Within Proposed Development Areas at Pilot Mountain State Park, North Carolina Office of State Archaeology, tDAR ID: 197736”) and avoid reproducing it verbatim in large chunks without checking its copyright status. Fair use might cover excerpts in a book like yours, especially if transformed with commentary or analysis, but a full reprint could require permission from the author or OSA.
Restricted Content: The embargoed portions (e.g., unredacted site locations) remain confidential, and publishing anything beyond the redacted version—say, if you somehow accessed the full report—would violate state law and OSA policy, potentially exposing you to legal liability. Stick strictly to the sanitized copy.
OSA’s Position: While not legally required, contacting the OSA for confirmation could preempt any disputes. Their website (archaeology.ncdcr.gov) notes that access to such files requires contacting them directly, and they might appreciate a heads-up about your intent to publish, even if it’s just the redacted form. This isn’t a legal necessity but a practical step to maintain good relations, especially if your book might prompt further inquiries to them.
So, you can publish the redacted 1983 report in "Legends of Pilot Mountain" without a formal publishing release from the OSA, as it’s already a public record in that form. Just ensure you’re using the official redacted version, provide proper attribution, and consider fair use limits if quoting extensively. If you want extra certainty, a quick email to the OSA (e.g., via their contact listed on archaeology.ncdcr.gov) asking if they object to its inclusion in your book could cover your bases. Want me to dig further into any specific aspect?
Disclaimer: Grok is not a lawyer; please consult one if needed.
