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The District Of Columbia Court Of Appeals' Recent Significant Legal Precedent Carries Implications For Standards Organizations - Copyright

In American Society for Testing and Materials (ASTM), et al. v. Public.Resource.Org, Inc. (PRO), 82 F.4th 1262 (D.C. Cir. 2023), the plaintiffs...

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The District of Columbia Court of Appeals' Recent Significant Legal Precedent Carries Implications for Standards Organizations | Seyfarth Shaw LLP

In American Society for Testing and Materials (ASTM), et al. v. Public.Resource.Org, Inc. (PRO), 82 F.4th 1262 (D.C. Cir. 2023), the plaintiffs, ASTM, National Fire Protection...

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D.C. Circuit Court of Appeals Holds Non-Commercial Use of Industry Standards Incorporated into Law Is Fair Use | Husch Blackwell LLP

On September 12, 2023, the Court of Appeals for the District of Columbia issued its opinion in American Society for Testing and Materials (ASTM) v. Public.Resource.Org, Inc., holding...

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Incorporation by reference stories at Techdirt.

Posts about incorporation by reference written by Cathy Gellis

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Copyrighted law stories at Techdirt.

Posts about copyrighted law written by Cathy Gellis

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Right to know stories at Techdirt.

Posts about right to know written by Mike Masnick

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Top EU Court Advisor Says Technical Standards, Like Laws, Should Not Be Locked Down By Copyright

One of the most pernicious ideas that copyright maximalism has spread is that preventing people from freely accessing creative material is not just a good thing to do, but should be the natural state of affairs. This has made questioning whether copyright is really the best way to support artists and promote creativity hard. Against…

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Key parts of US laws are hard for the public to find and read

EconoTimes is a fast growing non-partisan source of news and intelligence on global economy and financial markets, providing timely, relevant, and critical insights for market professionals and those who want to make informed investment decisions.

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Key parts of US laws are hard for the public to find and read

It’s a long-standing principle that people should be able to read the laws that govern them. But many technical rules and standards are hard to find and access, even for lawyers or court officials.

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Supreme Court Developments in Intellectual Property Law | Dunlap Bennett & Ludwig PLLC

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The past year has brought with it many changes, and the tumultuous realm of intellectual property law is no exception. From a pair of holdings that made copyright claims more difficult when the government is involved on either side to an anticipated reexamination of an old doctrine of patent law, the pandemic has not prevented the Supreme Court from further refining the field of intellectual property law.
In a holding that hits particularly close to home for those of us in the legal profession, a five-justice majority ruled that annotations to statutory compilations are not copyrightable if they are drafted under a government entity. Georgia v. Public.Resource.Org, Inc., 140 S. Ct. 1498 (2020). The Court held that even though these annotations were drafted by a private company (Lexis) and were not legally binding, the fact that they were commissioned and owned by the government brought them within the ambit of the “government edicts doctrine,” which provides that official interpretations of the law are not copyrightable. In addition to its legal analysis, the Court also considered the practical effects of its decision. The Court found that charging money for government-commissioned annotations effectively creates two versions of the law—an “economy-class” unannotated version that omits key information such as which statutes have been invalidated and a “first-class” annotated version that contains this information. The Court concluded that this disparity puts the poor at a disadvantage in learning what the law actually requires. This holding drew two dissents that not only challenged the majority’s application of the law but also its practical analysis. Justice Thomas argued that the new rule will deter companies from producing government-commissioned annotations, leaving only the more expensive fully-private annotations and thus

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