Third Circuit Court Drama: Can You Really Copyright the Law?
No one owns the law, but some wish they did! Efforts to copyright regulations that impact our daily lives have been rejected by courts. EFF urges the Third Circuit to join the consensus, emphasizing that once codes become law, they belong to all. Copyright law shouldn’t be a gatekeeper to public knowledge.

Hot Take:
Copyrighting the laws sounds like a dystopian plot twist where private parties not only develop laws but also slap a price tag on reading them. I get it, who doesn’t like a little extra income? But seriously, if citizens need a loan just to peek at the laws that govern them, we’re going to need a GoFundMe to understand our own rights. What’s next, a pay-per-view for courtroom dramas? Let’s hope the Third Circuit Court of Appeals doesn’t turn our legal system into a blockbuster subscription service.
Key Points:
- Two appeals courts have rejected attempts by private parties to claim copyright over laws.
- A standards organization seeks a different ruling from the Third Circuit Court of Appeals.
- EFF and other entities argue that laws should be free and accessible to everyone.
- UpCodes, a database of building codes, wins a fair use case in Pennsylvania.
- The debate centers around whether laws incorporated by reference lose copyright protection.