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Home Copyright Law

ICC v. Up Codes: Can a personal employer copyright the regulation?

Clyde Osborne by Clyde Osborne
April 18, 2025
in Copyright Law
0

Trying to keep up to date with relevant constructing codes may be a task for contractors, especially whilst paintings take them to a couple of jurisdictions. Even people who restrict their offerings to simply one area are probably looking at a couple of layers of regulations — town, county, state — that change often. This can also be a mission for architectural firms that layout tasks around the country.ICC v. Up Codes: Can a personal employer copyright the regulation? 1

It became this obstacle that led architect Scott Reynolds and his brother Garrett to discover UpCodes, a searchable database of country and other construction guidelines. The basic right of entry to all codes, updates, and nearby amendments is unfastened. Still, the business enterprise also offers a top-class, subscription-based service to get the right of entry to a higher search feature, collaborative equipment, and bookmarking.

UpCodes constantly includes new construction codes and different production rules to its website, increasing access for its subscribers. However, no longer all people agree on how the employer goes approximately it, including the International Code Council (ICC).

Article Summary show
ICC v. UpCodes
And none of this occurs without cost.
Are I-Codes in the public domain?

ICC v. UpCodes

The ICC is a nonprofit organization that develops model constructing codes, usually known as I-Codes. Content from those 15 volumes of I-Codes, which cowl everything from new industrial and residential construction to plumbing to green building, were followed in some shape in every U.S. Country, Mexico, and other worldwide jurisdictions.

The ICC issues updates to the codes every 3 years after an in-depth review system that draws in personnel and volunteers from the AEC enterprise and public protection officers, and different businesses with an interest in contributing to the model regulations. The ICC recently surpassed 14 versions of codes for new tall wood creation guidelines to be included in the company’s 2021 I-Code updates. The committee’s work involved growing the codes took more than two years.

And none of this occurs without cost.

To assist fund the enterprise’s challenge of code development and selling building safety, in keeping with ICC lawyer Kevin Fee of Morgan Lewis in Washington, D.C., the nonprofit sells get right of entry to to the I-Codes — a Los Angeles licensing to the electronic code database carrier MadCAD — and additionally sells books and top-class access to its codes thru a subscription-based totally carrier handy through its internet site.

States have the option of paying a licensing fee on the way to make the ICC codes they’ve followed to be had to download without cost, alongside the relaxation in their building codes, Fee stated. Other states like Florida choose to permit the ICC to put up and sell copies in their codes to assist fund its project.
No, be counted the arrangement, he said, all states make ICC codes available with the permission of the ICC.
Not so with UpCodes.

Are I-Codes in the public domain?

The ICC sued UpCodes in 2017 for copyright infringement, and the two were embroiled in a lawsuit ever when you consider that. At the coronary heart of ICC’s criticism, UpCodes has no right to distribute the I-Codes without the ICC’s permission, although those codes have been incorporated into law.
UpCodes’ simple argument, stated Joseph Gratz with Keker & Van Nest LLP in San Francisco, is that no one gets a monopoly on the law, now not even the law’s author.

Clyde Osborne

Clyde Osborne

My passion is writing, blogging and speaking about issues related to children, women, social development, religion, politics and economics. I have written articles for magazines, newspapers and news websites. I have spoken at many conferences and events and published several books. I have worked as an editor and publisher of an international magazine and two online newspapers. In addition to my professional work, I am also very active in my community and I do volunteer work.

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