©2017. Published in Landslide, Vol. 9, No. 6, July/August 2017, by the American Bar Association. Reproduced with permission. All rights reserved. This information or any portion thereof may not be copied or disseminated in any form or by any means or stored in an electronic database or retrieval system without the express written consent of the American Bar Association or the copyright holder.
Adoption As a Standard Does Not Trump Private Copyright Protection
American Society for Testing and Materials, et al. v. Public.Resource.Org., Inc.; American Educational Research Association, Inc. et al. v. Public.Resource.Org, Inc., 121 U.S.P.Q.2d 1513, 2017 WL 473822 (D.D.C. 2017). The plaintiffs include various associations such as the American Society for Testing and Materials, National Fire Protection Association, Inc., American Society of Heating, Refrigerating, and Air-Conditioning Engineers, Educational Research Association, Inc., American Psychological Association, Inc., and National Council on Measurement in Education, Inc. (collectively Standards Associations). The Standards Associations are non-for-profit entities that develop various codes and standards. The defendant Public Resource is a not-for-profit entity devoted to publicly disseminating legal information. Public Resource distributed copies of forms and standards that had been adopted by the government.
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