Another Court Rules Copyright Can’t Stop People From Reading and Speaking the Law

Key Takeaways

• Third Circuit rules copying incorporated building codes is fair use
• Court deems UpCodes’ purpose transformative, not commercial exploitation
• No proven market harm; public benefit outweighs copyright claim
• Decision strengthens nationwide precedent for free access to law

Pulse Analysis

The Third Circuit’s opinion in ASTM v. UpCodes marks a pivotal moment in the clash between copyright law and public access to legal materials. Historically, courts have wrestled with whether standards adopted by reference retain private ownership; the Fifth Circuit and D.C. Circuit have already leaned toward treating such codes as facts beyond copyright protection. By siding with the Electronic Frontier Foundation’s amicus brief, the Third Circuit reinforces a growing judicial consensus that the law itself—along with any standards woven into it—belongs in the public domain.

Central to the ruling were the four fair‑use factors. The court emphasized UpCodes’ transformative purpose: providing a searchable, user‑friendly platform that informs citizens about mandatory construction requirements, rather than selling the standards as a commercial product. It also highlighted the factual nature of statutes and codes, noting that copying the entire text was essential to convey the law accurately. Crucially, the judges found no concrete evidence that ASTM suffered revenue loss, and they weighed the substantial public benefit of unrestricted access against any speculative market harm. This nuanced analysis signals to standards organizations that merely embedding their work in law strips away exclusive commercial rights.

For policymakers, businesses, and legal professionals, the decision underscores the importance of open access to regulatory information. It reduces compliance costs for contractors, architects, and developers who no longer need to navigate costly licensing barriers. Moreover, the ruling may prompt legislators to clarify the status of incorporated standards, potentially codifying the public‑domain principle. As more courts adopt this reasoning, the legal landscape will likely shift toward greater transparency, reinforcing the foundational principle that laws—and the standards that become law—must remain freely accessible to all.