America’s codes and standards, which ensure public health and safety, are developed by non-profit organizations through a rigorous, resource-intensive consensus-based process. The development costs are funded by sales of the codes in digital and physical form. This is made possible by copyright protection. Recognizing their value, governments incorporate these codes into law. Code developers facilitate this at no cost to taxpayers. Some special interests and courts have contended that government incorporation of a code into law forfeits copyright protection — effectively dismantling the public-private standards development system.
The bipartisan Pro Codes Act is how we ensure continued production of high-quality standards and codes that are integral to the functioning of American society. Pro Codes makes clear that a standard does not lose its copyright protection by being referred to in a law or regulation, provided that the standard is available for free viewing on a publicly accessible website. This solution allows citizens to view codes and standards that regulate their conduct without having to pay for access, while preserving the efficient and effective public-private standards development system — a vital public service – that has driven economic growth and saved countless lives.
Congressional Champions
“At no cost to the taxpayer, nonprofit organizations use a transparent process to develop safety standards for the public that benefit our communities and promote reliability and collaboration among industries. I’m proud to introduce this bipartisan legislation,” Senate Intellectual Property (IP) Subcommittee Chair Chris Coons (D-DE) said.
“Standards development organizations (SDOs) draft important safety standards that protect the American people from things like fire and electrical hazards, and their standards should continue to be eligible for copyright protection,” Senate IP Subcommittee Ranking Member Thom Tillis (R-NC) said.
“The Pro Codes Act will ensure our standards remain transparent, accessible, and available,” House IP Subcommittee Chair Darrell Issa (R-CA) said.
“The Pro Codes Act is important legislation that will bolster public access to information,” Lead Cosponsor and House IP Subcommittee MemberDeborah Ross (D-NC) said.
The Pro Codes Act has extensive bipartisan support in the U.S. House and Senate. Complete cosponsor lists are available here and here, respectively.
Organizational Support for the Pro Codes Act
America’s fire service organizations and building, healthcare, and engineering professionals support the Pro Codes Act. Our homes, workplaces, schools, and hospitals are safer, more sustainable, and more resilient thanks to these continuously improved codes and standards. The Pro Codes Act is critical towards protecting this system that works so well.
Unauthorized copies are inaccurate and dangerous
The development process and the people that power it matter; for-profit content scrapers could care less
About Standards: Protecting Lives, Powering Economic Growth, Saving Taxpayer Dollars
The Pro Codes Act specifies that any standards developing organizational (SDO)-developed code or standard that is later incorporated into federal, state, local, or municipal law or regulation by reference, in whole or in part, will not lose its copyright protection by virtue of its incorporation into the law, as long as: (1) the SDO’s procedures incorporate the attributes of openness, balance of interests, due process, an appeals process, and consensus in a manner consistent with the longstanding federal guidance, (2) the SDO makes the portion of the code or standard that was incorporated by reference into law publicly accessible online, and (3) there is no cost to the public for accessing those portions of the code or standard.
The Pro Codes Act is Good for All
The Pro Codes Act is a “win-win-win-win” solution: (i) the public gets free access to important codes and standards; (ii) SDOs maintain copyright protection for the codes and standards they develop, which ensures they can recoup development costs and are incentivized to create new codes and keep existing ones updated; (iii) taxpayers do not bear the cost of funding the development of these vital codes and standards; and (iv) lawmakers and governmental bodies will continue to avail themselves of the expertise of SDOs rather than undertake the time and resource-intensive task of developing standards and codes themselves—a job they are admittedly unqualified to do—and will continue to benefit from the SDO’s regular updates that keep pace with advancements in science and technology, best practices, and lessons learned.
A win-win-win-win solution.
TELL CONGRESS TO PASS THE PRO CODES ACT (S.835 H.R. 1631)
America’s codes and standards, which ensure public health and safety, are developed by non-profit organizations through a rigorous, resource-intensive consensus-based process. The development costs are funded by sales of the codes in digital and physical form. This is made possible by copyright protection. Recognizing their value, governments incorporate these codes into law. Code developers facilitate this at no cost to taxpayers. Some special interests and courts have contended that government incorporation of a code into law forfeits copyright protection — effectively dismantling the private standards development system.
Co-Sponsors:
Reps. Darrell Issa (R-CA)
Deborah Ross (D-NC)
Senators Chris Coons (D-DE)
John Cornyn (R-TX)
Thom Tillis (R-NC)
Sheldon Whitehouse (D-RI)
What They’re Saying
“For years, experts developed safety standards that protect Americans from fires and electrical hazards, and it is crucial that these organizations can maintain their copyright protections while making these guidelines available to the public for free,” Senator John Cornyn (R-TX) said. “This legislation protects copyrights while allowing these groups to provide these often life-saving safety procedures at no cost to the taxpayer.”
“Safety standards protect lives and property, and our country’s exceptional system for developing them is independent, consensus-based and doesn’t cost the taxpayer a dime. We need Congress’ support to ensure organizations like ours can continue developing standards that save lives, make communities more resilient, and foster economic growth for generations to come, as we have for more than 125 years,” said Jim Pauley, President and CEO of the National Fire Protection Association.
“The Pro Codes Act is a clear win for standards development organizations, lawmakers, scholars, and the public. It would ensure that codes and standards continue to be protected against infringers while guaranteeing that the public has access to them when they are incorporated by reference into law. We thank Senators Coons, Cornyn, Tillis, and Whitehouse for introducing this important legislation,” saidKeith Kupferschmid, CEO of Copyright Alliance.
“The rigorous, consensus-based standards developed by ASHRAE and other SDOs are essential to public health, sustainability, safety, and security,” said 2022-23 American Society of Heating, Refrigerating, and Air-Conditioning Engineers (ASHRAE) President Farooq Mehboob. “ASHRAE proudly supports this legislation.”
“Our standards development system costs taxpayers nothing and has worked efficiently for over 125 years,” said Gabe Maser, Senior Vice President of Government Relations for International Code Council. “The advancement of the Pro Codes Act is essential towards protecting this transparent and balanced system, the value of which is well recognized in the U.S. and abroad.”
“Universal standards become universal for a reason: because they work. People across Delaware are protected from electrical and fire hazards because of standards developed by experts in the field,” Senate Intellectual Property (IP) Subcommittee Chair Chris Coons (D-DE) said. “At no cost to the taxpayer, nonprofit organizations use a transparent process to develop safety standards for the public that benefit our communities and promote reliability and collaboration among industries. I’m proud to introduce this bipartisan legislation to support the nonprofits by ensuring that they receive the credit and benefits for their important work while maintaining public access to the vital information contained in standards.”
“Standards development organizations (SDOs) draft important safety standards that protect the American people from things like fire and electrical hazards, and their standards should continue to be eligible for copyright protection,” Senate IP Subcommittee Ranking Member Thom Tillis (R-NC) said. “I believe the Pro Codes Act strikes the right balance to ensure those developing safety standards are able to afford to do their crucial work, while providing the public with free digital access to these standards.”
“The Pro Codes Act will ensure our standards remain transparent, accessible, and available,” House IP Subcommittee Chair Darrell Issa (R-CA) said.
“The Pro Codes Act is important legislation that will bolster public access to information,” Lead Cosponsor and House IP Subcommittee MemberDeborah Ross (D-NC) said. “Ensuring the public can access the standards and rules they are expected to follow while also fairly compensating those who invest in code development is critical. I thank Congressman Issa for his leadership on this issue and look forward to working with him to pass this essential legislation.”
Save Lives
Tell Congress to Pass the Pro Codes Act (S. 835, H.R. 1631)
