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ARTICLE · 20 SEPTEMBER 2023

Publishing Technical Standards Incorporated By Reference In The Law Qualifies As Fair Use, Says DC Circuit

Frankfurt Kurnit Klein & Selz PC
Frankfurt Kurnit Klein & Selz PC
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Frankfurt Kurnit Klein & Selz PC

Frankfurt Kurnit Klein & Selz PC

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The plaintiffs are three organizations that created and own the copyright in technical standards that establish best practices for various industries and products...

United StatesIntellectual Property

The plaintiffs are three organizations that created and own the copyright in technical standards that establish best practices for various industries and products – such as, for example, standards addressing the prevention of fire, electrical, and related hazards. These standards often are incorporated by reference by Federal agencies in rules and regulations. How often? All the time. The Code of Federal Regulations contains more than 27,000 incorporations of privately developed standards by reference. When these standards are incorporated by reference, they have the force and effect of law. However, because the text of the standards are not themselves reproduced in the CFR, they are not always easily accessible by the public.

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This post first appeared in Frankfurt Kurnit's Focus on the Data blog (www.focusonthedata.com). It provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.

Originally published by the New York Legal Ethics Reporter

www.fkks.com

This alert provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.

www.fkks.com

This alert provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.

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