Pro Codes Act
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We started UpCodes to help architects, engineers, tradespeople, homeowners and others comply with their legal requirements. We push for an open and vibrant ecosystem of tools that can help everyone understand and comply with the codes.
For many laws on our site, UpCodes is the only place to access the law online for free. Our ability to serve the community is now at risk with the new Pro Codes Act.
Courts concluded the law should be free
For decades, law publishers like ICC, NFPA, and ASTM have attempted to copyright the law. They have consistently failed in the courts for the last 20 years; at the end of every case, our legal system has reinforced that laws cannot be copyrighted. Perhaps said most succinctly by the Supreme Court:
![](https://cdn.prod.website-files.com/6257428933132eb1740cad45/66c677aa66ec4c7a1b81c54a_Seal_of_the_United_States_Supreme_Court%201.png)
![](https://cdn.prod.website-files.com/6257428933132eb1740cad45/66c67a3b497ef5d433f53b3c_justice%20thomas.png)
![](https://cdn.prod.website-files.com/6257428933132eb1740cad45/66c67a4b46e5dbde5dcabeac_justice%20roberts.png)
![](https://cdn.prod.website-files.com/6257428933132eb1740cad45/66c67a543e3df09e28f46571_justice%20ginsburg.png)
Amongst the law publishers' many cases, they have brought 6 lawsuits against UpCodes since 2017, none of which has been successful for them so far (see "Which way have the courts ruled?" below).
Having been shut down by our legal system, the publishers have now turned to Congress in an attempt to circumvent the courts.
Pro Codes Act endangers your access to the law
After spending millions in lobbying efforts to influence individuals in D.C., the publishers introduced a bill through Rep. Darrell Issa and Senator Chris Coons that aims to give them copyright over the law (H.R.1631, S.835).
The bill states:
"a standard ... shall retain such [copyright] protection, notwithstanding that the standard is incorporated [into law] by reference"
The bill is deceptively drafted to sound like it enhances public access to the law, but it does the opposite, it restricts access to the law and aims to give the publishers a monopoly over the law.
These publishers are trying to be the only ones who can put the law online, and to stop the law from being fully available to the people.
That’s why UpCodes is not alone in opposing this bill. A bunch of public interest groups are fighting to keep the law free:
- American Library Association
- Association of Research Libraries
- American Federation of State, County and Municipal Employees
- American Foundation for the Blind
- Electronic Frontier Foundation
- Wikimedia Foundation
- and many others[1]
F.A.Q.
More Resources
- UpCodes: Our fight to keep the law free
- TechCrunch: Can the law be copyrighted?
- TechCrunch: A court decision in favor of startup UpCodes may help shape open access to the law
- EFF: Access to Law Should Be Fully Open
- Forbes: A Threat To Justice—The Pro Codes Act Would Copyright The Law
- TechDirt: Congress Wants To Let Private Companies Own The Law
- Association of Research Libraries: ARL Letter Opposing Pro Codes Act
- SPARC: The “Pro Codes” Act