III. STATE LAW ON ELECTRONIC RECORDS

South Carolina law does not have a specific reference to electronic records, but the definition of public records "includes all books, papers, maps, photographs, cards, tapes, recordings, or other documentary materials regardless of physical form or characteristics," which has been construed to include records in electronic media. S.C. Code Ann. § 30-4-20(c). The Supreme Court of South Carolina has held that a public body may obtain a copyright on “specially-created digital data” to prevent commercial use by recipients, but limited the reach of that ruling to restrict subsequent commercial use by noting that the public must be given access to the data subject to the copyright. Seago v. Horry County, 663 S.E.2d 38 (S.C. 2008).