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Questions Raised By Laws That Use Copyrighted Standards

Law360 (August 2, 2018, 1:12 PM EDT) -- When a government incorporates a copyrighted work into law, what happens to the copyright? The copyright yields, according to the Fifth Circuit's 2002 en banc decision in Veeck v. Southern Bldg Code Congress Int’l Inc.[1] Faced with the same question two weeks ago in American Society for Testing & Materials v. Public.Resource.Org Inc.,[2] the D.C. Circuit declined to reach the issue, invoking avoidance principles. Omitted from both opinions is another constitutional question: If a party loses its copyright protection when a government adopts its copyrighted standards...
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