Page:Veeck v Southern Building Code Congress Intl.pdf/8

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copyright.^[1] Modern decisions have followed suit.^[2] Significantly, the 1976 Copyright Act specifically denies protection to federal statutes and regulations. 17 U.S.C. § 105. Given the state law foundation of Banks and its progeny, there is no reason to believe that state or local laws are copyrightable.See generally L. Ray Patterson & Craig Joyce, Monopolizing the Law: The Scope of Copyright Protection for Law Reports and Statutory Compilations, 36 U.C.L.A. L. REV. 719, 751-58 (1989); 1 Melville B. Nimmer & David Nimmer, Nimmer On Copyright § 5.06 [c] at 5-92 (2000) ("state statutes, no less than federal statutes, are regarded as being in the public domain"); 1 Patry, Copyright Law and Practice 351, 357 (1994).

As governing law, pursuant to Banks, the building codes of Anna and Savoy, Texas cannot be copyrighted.

SBCCI and its numerous amici^[3] must limit or circumvent the Banks line of cases in order to prevail. Initially, SBCCI

↑ In Davidson v. Wheelock, for example, the court stated that a compiler of state statutes "could obtain no copyright for the publication of the laws only; neither could the legislature confer any such exclusive privilege upon him." Davidson v. Wheelock, 27 F. 61, 62 (D.Minn. 1886). More famously, Justice Harlan, riding circuit, denied an injunction sought for the compiler of Michigan statutes, holding that "no one can obtain the exclusive right to publish the laws of the state in a book prepared by him." Howell v. Miller, 91 F. 129, 137 (6th Cir. 1898).
↑ Harrison Co. v. Code Revision Commission, 260 S.E.2d 30, 34 (Ga. 1979); State of Ga. v. The Harrison Co., 548 F.Supp. 110, 114-15 (N.D. Ga. 1982), vacated per stipulation, 559 F.Supp. 37 (N.D. Ga. 1983).
↑ The amici supporting SBCCI's position include Building Officials and Code Administrators International (BOCA), International Code Council, International Conference of Building Officials, American Medical Association, American National Standards Institute (ANSI), American Society of Association Executives (ASAE), American Society of Heating, Refrigerating and Air-Conditioning Engineers (ASHRAE), American Society of Mechanical Engineers (ASME), National Fire Protection Association (NFPA), Texas Municipal League, and Underwriters Laboratories, Inc. (UL).

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[1] In Davidson v. Wheelock, for example, the court stated that a compiler of state statutes "could obtain no copyright for the publication of the laws only; neither could the legislature confer any such exclusive privilege upon him." Davidson v. Wheelock, 27 F. 61, 62 (D.Minn. 1886). More famously, Justice Harlan, riding circuit, denied an injunction sought for the compiler of Michigan statutes, holding that "no one can obtain the exclusive right to publish the laws of the state in a book prepared by him." Howell v. Miller, 91 F. 129, 137 (6th Cir. 1898).

[2] Harrison Co. v. Code Revision Commission, 260 S.E.2d 30, 34 (Ga. 1979); State of Ga. v. The Harrison Co., 548 F.Supp. 110, 114-15 (N.D. Ga. 1982), vacated per stipulation, 559 F.Supp. 37 (N.D. Ga. 1983).

[3] The amici supporting SBCCI's position include Building Officials and Code Administrators International (BOCA), International Code Council, International Conference of Building Officials, American Medical Association, American National Standards Institute (ANSI), American Society of Association Executives (ASAE), American Society of Heating, Refrigerating and Air-Conditioning Engineers (ASHRAE), American Society of Mechanical Engineers (ASME), National Fire Protection Association (NFPA), Texas Municipal League, and Underwriters Laboratories, Inc. (UL).

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