HR4072-119

What This Bill Does

The Pro Codes Act adds a copyright rule for technical standards and voluntary consensus standards that governments incorporate by reference into laws or regulations. The bill responds to the tension between public access to law and the funding model of private standards development organizations. It defines standards development organizations as copyright holders using Circular A-119-type openness, balance, due process, appeals, and consensus procedures. It says standards do not lose copyright protection merely because a federal, state, local, or municipal law references them instead of copying them into the legal text, so long as the organization makes the incorporated standard publicly accessible online in a readily accessible, Section 508-compliant manner. The result preserves standards-organization licensing revenue while requiring online public review access.

Who Benefits and How

Standards development organizations benefit because incorporated standards can retain copyright protection and licensing value. Building code publishers benefit if their model of selling or licensing technical codes remains protected after incorporation by reference. Federal agencies benefit because they can continue relying on voluntary consensus standards without reproducing full standards in regulations. People seeking legal access benefit from the public-access condition requiring online review of incorporated standards.

Who Bears the Burden and How

Open-law advocates bear the burden because the bill limits arguments that incorporated standards become freely reproducible law. State and local code users may still face terms of service, account creation, or non-copying limits when accessing standards online. Standards development organizations must provide public online access that is readily accessible and Section 508-compliant. Courts and copyright litigants must apply the new section 123 framework to disputes over standards incorporated by reference.

Key Provisions

• Creates a new title 17 rule for works incorporated by reference into law.
• Provides copyright protection for qualifying standards even after legal incorporation by reference.
• Requires public online accessibility, including Section 508 accessibility, as the condition for protection.
• Defines standards development organizations by Circular A-119-style openness, balance, due process, appeals, and consensus procedures.