infoJustice

​​In a recent decision of the D.C. Circuit, in American Society for Testing and Materials v. PublicResource.org, the Court affirmed the District Court’s finding that the publishing of the Code of Federal Regulations online constituted fair use by Public Resource. The Court opined “Many private organizations develop and copyright suggested technical standards for an industry, product, or problem. Federal and state governments often incorporate such standards into law. This case presents the question whether third parties may make the incorporated standards available for free online. We hold that the non-commercial dissemination of such standards, as incorporated by reference into law, constitutes fair use and thus cannot support liability for copyright infringement.” Gellis finds that this decision is one that advances the public interest in being able to know what the law is because someone has published it in a way that is practically accessible. Read more at https://www.techdirt.com/tag/incorporation-by-reference/