Zellner v. Cedarburg School District

Robert Zellner (plaintiff) was a high school teacher at the Cedarburg School District (the school district). In 2006 the school district conducted a hearing and terminated Zellner for allegedly viewing adult websites on his work computer. Two local newspapers (the newspapers) (defendant) requested copies of all exhibits that were presented at the school district’s termination hearing. The school district agreed to release a memo and a CD with images obtained during a forensic analysis of Zellner’s computer. The CD contained copyrighted images pulled from the adult websites. Zellner filed an action in circuit court seeking de novo review of the school district’s decision to release the documents, asserting that the CD was not a record under Wisconsin’s open-records law because it contained information protected by federal copyright laws. The newspapers argued that Zellner’s interpretation of the statute was too broad and that producing the documents would fall within the fair-use exemption of copyright infringement. Zellner further argued that the release of the documents would harm his reputation and privacy. The circuit court found that Zellner had proper standing to raise the claim. The circuit court also held that the materials should be disclosed, notwithstanding their copyrighted status. Zellner filed an appeal.