On behalf of intellectual property law professors, the Samuelson Clinic drafted and filed an amicus brief explaining why the noncommercial reproduction of privately developed standards incorporated by reference into federal regulations is fair use.
Representing 19 prominent intellectual property law professors, the Samuelson Clinic drafted and filed an amicus brief in a case before the U.S. Court of Appeals for the D.C. Circuit in which a nonprofit organization reproduced hundreds of privately devleoped standards that have been incorporated by reference into federal regulations. The brief explains why providing free public access to the law furthers the purposes of copyright and facilitates statutorily favored purposes in the fair use analsysis. The brief also argues that the fair use inquiry into market harm must take account of follow-on uses that serve vital public interests. Providing free public access to the law does not create cognizable market harm.
Legal Filings
Dec 12, 2022