EFF Lawsuit Challenges Copyright Claims on Public Safety Codes

The Electronic Frontier Foundation (EFF) has launched a new legal challenge against the Consumer Product Safety Commission (CPSC) to ensure public access to legally binding safety standards. The lawsuit, filed on behalf of Public.Resource.Org, aims to dismantle barriers preventing the public from freely accessing and sharing crucial safety regulations.

The Fight for Accessible Laws

Public.Resource.Org, a non-profit organization founded by open records advocate Carl Malamud, is dedicated to making government information readily available. The organization acquires and publishes a wide range of public documents, including tax filings, government videos, and federal safety and product design rules. These rules often originate with private standards organizations before being adopted into federal law, yet access to them can be surprisingly difficult.

CPSC and Copyright Concerns

Public.Resource.Org, working with the Harvard Law School’s Cyberlaw Clinic, has been submitting Freedom of Information Act (FOIA) requests to the CPSC for copies of safety codes related to children’s products. Though, the CPSC has refused to release these codes, citing copyright claims asserted by the private associations that initially developed them. This raises concerns that private entities could control access to laws even after they become legally mandated.

Legal Precedents and Fair Employ

The EFF argues that such claims are problematic. Some courts, including the Court of Appeals for the Fifth Circuit, have previously ruled that safety codes lose their copyright protection once incorporated into law. The D.C. Circuit, in a prior case defended by the EFF on behalf of Public Resource, determined that even if copyright isn’t entirely lost upon incorporation, making the standards accessible online constitutes lawful fair use.

The Current Lawsuit and its Implications

The current lawsuit seeks a court ruling that copyright should not be a barrier to accessing and sharing safety rules governing the built environment and consumer products. The EFF emphasizes the importance of defending the public’s right to read and understand the laws that affect their lives, particularly in a climate where the rule of law is facing challenges. Read more about the lawsuit on the EFF website.

About Public.Resource.Org

Public.Resource.Org provides access to a variety of public domain materials, including FedFlix – a collection of government videotapes available on the Internet Archive, and YouTube. Visit Public.Resource.Org to explore their resources. The organization also focuses on making state building codes and other government documents accessible to the public.

Previous Victory for Public Access

In 2023, Public.Resource.org and the EFF won a case establishing the right to post public laws online. More details on this victory can be found here.