Supreme Court Amicus Brief in Georgia v. Public.Resource.Org

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Amicus brief on behalf library organizations in a Supreme Court case deciding whether the official versions of state laws are subject to copyright protection

On behalf of public, academic, research, and law libraries, the Samuelson Clinic filed an amicus brief with the Supreme Court in Georgia v. Public.Resource.Org. In the case, the State of Georgia argued that its Official Code of Georgia Annotated enjoyed copyright protection because the annotations met the threshold of originality for copyright protection and were exempt from the government edicts doctrine, under which the law belongs to the people. Our amicus brief explained that the the public relies on libraries for access the official versions of the laws which govern them, and the libraries in turn rely on the clarity of the government edicts doctrine to furnish that access. Our brief then explained how long-standing Supreme Court precedent does not allow states or private parties to dissect official codes of law to assert ownership in those elements deemed non-binding. Happily, the Supreme Court agreed.