Builders sweating over a wiring job. Homeowners eyeing a deck addition. They’re not lawyers—they just want to follow the damn rules without emptying their wallets.
This latest court smackdown means they won’t have to.
The U.S. Court of Appeals for the Third Circuit told private code-writers like ASTM to shove it. No more hiding laws behind copyrights. UpCodes, the scrappy database making these rules free and searchable, gets to keep humming along.
It’s a win for anyone who’s ever cursed opaque regulations. And yeah, that’s all of us.
Why Were Laws Paywalled in the First Place?
Private outfits draft these codes—think electrical standards, fire safety specs. Governments nod, incorporate them by reference. Boom, law.
But the drafters? They slap copyrights on top. Want the full text? Fork over cash. Or squint at snippets.
Absurd. You’re bound by it. Fined if you screw up. Yet it’s a black box unless you’re flush.
The Third Circuit didn’t buy the sob story. They dissected fair use like pros—four factors, all tilting UpCodes’ way.
Purpose? Transformative. UpCodes spreads law, not just ‘best practices.’ Commercial? Sure, but free access. No paywall there.
Nature of the work? Laws are facts. Barely copyrightable. Even ‘indirectly’ woven-in codes count.
Amount copied? Whole enchilada needed. Can’t half-ass access to binding rules.
Market harm? ASTM whined about lost sales. Court yawned—no proof. Public good trumps that noise.
“enhanced public access to the law is a clear and significant public benefit”
That’s the court, channeling common sense. (EFF’s amicus brief probably helped.)
Short version: You own the law. They don’t.
This echoes the D.C. Circuit’s Veeck v. Southern Building Code Congress. Or the Fifth Circuit. Pattern emerging.
But here’s my twist—these aren’t dusty relics. In an age of AI-drafted regs and smart-city standards, imagine proprietary models locking up zoning AI outputs. This ruling? Precedent grenade against that dystopia.
Can Copyright Holders Still Cash In?
Sure. Sell consulting. Trainings. Fancy annotations. But raw law? Free.
ASTM griped they offer ‘free’ copies on request. Court laughed. “Mere possibility” doesn’t cut it. Try Googling that in a pinch.
UpCodes adds search, annotations, history. Makes law usable. That’s the point.
Critics—mostly the holders—cry lost incentives. Baloney. Government’s already paying for development. Tax dollars, folks.
And innovation? Thrives on open access. Coders build on free specs. Not locked PDFs.
What About Those ‘Optional’ Code Bits?
Even non-mandatory sections get a pass. Why? Context. You need the full picture to grok what’s required.
Smart call. Laws aren’t IKEA instructions—pick parts at peril.
This nukes the ‘core vs. periphery’ dodge. Everything incorporated rides the fair-use wave.
Now, the big what-if. Will courts go further? Declare these codes public domain outright?
EFF hopes so. Me? Betting yes. Fair-use fights are pricey marathons. Cleaner if copyright evaporates on adoption.
Historical parallel: Back in ye olde England, printers monopolized statute books. Crown cracked down—laws for the people. Sound familiar?
We’re circling that wisdom. About time.
For legal tech? Goldmine. Tools scraping regs without infringement fears. Compliance apps. AI legal aides parsing codes.
But don’t pop champagne yet. Holdouts will sue. PR spins incoming: ‘We’re protecting safety!’ Pull the other one.
Real safety? When everyone reads the rules.
Why Does This Matter for Your Next Project?
Contractor bidding a job? Free codes mean accurate bids, fewer change orders.
DIY warrior? No more guessing if that outlet placement flies.
Cities? Cheaper permitting—staff actually knows the specs.
And in AI land—where models train on public data—this fortifies the ‘facts are free’ doctrine. Watch for spillovers.
Prediction: By 2026, half the states mandate open code access. Feds follow. Private drafters adapt or wither.
Is This Fair Use Victory Bulletproof?
Nah. Circuit split lingers—some courts might buck. Supreme Court? Possible, if ASTM appeals.
But momentum’s ours. Public.Resource.Org’s wins stack up.
Dry humor alert: Copyright maximalists, meet reality. Laws bind us all. Can’t bind the binder.
Bottom line—access wins. People over profits. Finally.
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Frequently Asked Questions**
Can building codes still be copyrighted after adoption into law?
Nope. Courts say fair use lets you copy and share them freely. No paywalls on binding rules.
What does the Third Circuit ruling mean for UpCodes?
It’s greenlit. Database stays up, making codes searchable nationwide.
Will this apply to other standards like AI safety guidelines?
Likely. If incorporated by reference, same logic: public access trumps private copyright.
