Aren't there restrictions on what you can do with a transcript? As in, not post it to a forum?
That's somewhat tricky. After all, the audio is, itself, the "official" record in many if not all jurisdictions. The transcript is, in theory, copyrighted, even though someone could create an identical transcript from the audio and own that.
However, what really concerns most of the people who do these things is getting money for it. So if you buy the actual transcript from them and then publish it, watermark it in some way so that it is not a substitute for ordering it from them.
This serves two purposes. First, you aren't making it cheaper for the scumbag Len to take the transcript to an appeal. He'll have to order his own copy. But most importantly, in terms of not pissing off the court reporter company, is you aren't depriving them of income.
And if you just get the audio and transcribe it yourself, then of course there are no IP issues, and your totally unofficial transcript won't substitute for the official version. Anyone wanting to use it in court will still have to order from the court reporter company.
So that's really the issue. Don't screw the court reporter company out of money and nobody will have a problem.
Did I miss something? I thought this was all public record. How can a copyright exist for public record?
The audio is the actual "record." That's not copyrighted. But the transcript, created for convenience, is theoretically copyrighted by whoever made it. So if you transcribe it yourself, then you would own the copyright on that particular transcript in your format.
I tried doing some searching on this and I don't think the answer is so clear cut. What I kept finding was that reporter transcripts aren't subjected to copyright. I also couldn't find anything that said outright that you can or cannot post so and so from a transcript online.
You will often see notices on transcripts that make statements indicating they can't be duplicated or sold. The actual legal weight these have isn't all that clear, really.
I think it's questionable whether transcripts of public record proceedings are really copyrightable, but so far as I know, there's no clear resolution of the legal issue yet.