Action Alert
It seems obvious: in a nation governed by law, no one should be able to control your ability to read it or share it. That’s why court after court has held that no one can claim a copyright in the law.
But a few well-resourced private organizations are trying to create a giant exception to that rule. They’re pushing new legislation that will allow them to control access to the laws that govern much of our everyday life, like safety codes for buildings, pipelines, and childrens’ toys. These organizations convene volunteers to develop model standards, encourage regulators to make those standards into mandatory laws, and then sell copies of the laws to the people (and city and state governments) that have to follow and enforce them. The linchpin of the scheme: they claim to own the copyright in the
codes even after they’ve been incorporated into law.
Seems crazy, right? If a private lobbyist drafted a new Clean Air Act, and Congress passed it, we’d never think that lobbyist had the right to control the ability of a person who lives next to an oil refinery to read that law, mark it up, or share it with their community.
Apparently that’s not obvious to the House Judiciary Committee, which just voted to advance a new law, the “Pro Codes Act,” which will specifically endorse that copyright claim. We have to tell Congress not to fall for this copyright scam.
At EFF, we’ve fought hard in court to make sure public information stays public. And we’ve been winning. In 2023, the federal appeals court in D.C. sided with our client Public.Resource.Org, vindicating the idea that our laws belong to all of us. We should all be able to find, read, share, and comment on them—free of registration requirements, fees, and other roadblocks.
Court after court has recognized these rights. Because they can’t win in court, these industry groups are now asking Congress to change the rules. The Pro Codes Act is a deceptive power grab that will help giant industry associations ration access to huge swaths of U.S. laws.
Tell Congress you agree the law should be open to us all. Urge them to reject this bill.
Yours,
Joe Mullin
EFF Activism Team
|
