Have your Cake and Eat it too: Providing Free Public Access of Copyrighted Standards Incorporated by Reference into Law Through Compulsory Licensing

Have your Cake and Eat it too: Providing Free Public Access of Copyrighted Standards Incorporated by Reference into Law Through Compulsory Licensing

Journal article

1 online resource

This Note makes the case for mandatory free online access of standards that are incorporated by reference into federal law. Part II discusses the current legal landscape of incorporation by reference of copyrighted standards, including an overview of copyright law generally and how it relates to these standards. Part III advocates for a change in the law that requires SDOs to provide free online access to all standards incorporated by reference into law. Part III also provides constitutional, equitable, and practical justifications for free online access. Part IV proposes a copyright-friendly solution that would allow SDOs to continue to profit from standards incorporated by reference--thereby preserving the existing incentives for SDOs to codify their expertise for the benefit of society.

Crossref

AIPLA Quarterly Journal, Spring 2023, Volume 51, Issue 2, p. 309.

[New York, NY] : Thomson Reuters, 2024.

English

https://1.next.westlaw.com/Copyright

External Online Journals > AIPLA Quarterly Journal