Page:Veeck v Southern Building Code Congress Intl.pdf/1

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UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT


No. 99-40632


PETER VEECK, doing business as Regional Web,Plaintiff/Counter Defendant-Appellant,

versus

SOUTHERN BUILDING CODE CONGRESS INTERNATIONAL, INC., Defendant/Counter Claimant-Appellee.



Appeals from the United States District Court for the Eastern District of Texas


June 7, 2002


Before KING, Chief Judge, JOLLY, HIGGINBOTHAM, DAVIS, JONES, SMITH, WIENER, BARKSDALE, EMILIO M. GARZA, DeMOSS, BENAVIDES, STEWART, PARKER, DENNIS and CLEMENT, Circuit Judges.

EDITH H. JONES, Circuit Judge:

The issue in this en banc case is the extent to which a private organization may assert copyright protection for its model codes, after the models have been adopted by a legislative body and become "the law". Specifically, may a code-writing organization prevent a website operator from posting the text of a model code where the code is identified simply as the building code of a city that enacted the model code as law? Our short answer is that as