Jerry Nadler: “The Pro Codes Act is sensible, bipartisan legislation that strikes a balance between copyright protection and public…”

“The Pro Codes Act is sensible, bipartisan legislation that strikes a balance between copyright protection and public access to information, thus resolving a clear uncertainty in the law. This legislation would allow standards developing organizations, or SDOs, to retain their copyrights when their standards are incorporated by reference into the law, so long as they make a copy freely available online. SDOs are organizations that develop and publish standards to govern certain highly technical industries. These best practices govern everything from consumer safety and household utility installation to home electrical wiring and plumbing planning. SDOs make sure that your house won't catch on fire, your plumbing is up to code, your water boiler is installed correctly, and everything in between. You rely on your local contractor, and your contractor relies on their SDO standards. State and local legislatures, which generally do not have the requisite experts on staff to write highly technical standards, often choose to incorporate rigorously developed and diligently updated SDO standards by reference into the law. In this way, legislators can key their State's laws to codes that are regularly updated, as mistakes are fixed, new methods are developed, and technological advancements are incorporated into best practices. However, this practice exists at the crux of a dilemma in American intellectual property law today.…”