Legal Question in Intellectual Property in California

Privately-owned Text Made into Law. Copyright?

A company called the ''National Fire Protection Association'' (NFPA) publishes the ''National Electrical Code'' (NEC), which is a set of pattern laws that cities frequently adopt verbatim as their electrical code. The cities typically incorporate the NEC into their ordinances 'by reference'. The cities that adopt the NEC agree not to publish it in electronic form and only make it available to citizens who are willing or able to drive up to city hall and inspect a hardcopy of it. The NFPA routinely sells copies for close to $100.

If my city has adopted the NEC as a set of public laws, is there anything preventing me from publishing a copy of it in electronic (or other) form?

I'm quite sure the NFPA would vigorously assert copyright rights, but do such arguments hold water once the text becomes public law we're all supposed to be aware of and follow?

I'm sure the term ''National Electrical Code'' is trademarked, so I would publish, for example, the ''Electrical Code for XXXX City, California''.


Asked on 3/25/08, 3:34 pm

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Privately-owned Text Made into Law. Copyright?

My first guess at this question is that NEPA requires each adopting municipality to make certain changes such as deleting illustrations, renumbering the paragraphs, etc., and then any re-use of the as-modified version that includes EVERY SINGLE change would then be subject to the fair-use rule. In other words, if someone republished the Millinocket, Maine Electrical Code which was a knockoff of the NEC except for 1,041 Millinocket-specific trivial deletions or modifications, and republished without profit motive but only to show the electricians of Millinocket what the law was, this would be OK.

The purpose of the copyright laws is to insure that the original authors of a creative work don't get ripped off for the benefit of some profiteer. Selling leatherbound copies of Millinocket's code nationally would probably come under close scrutiny and likely would be a violation of NEPA's copyrights. That would be especially likely if the knockoffs were masquerading as Millinocket's version, but were in fact provably taken directly from an upstream version, however closely resembling Millinocket's.

You don't mention the reasons for your question, but if you are planning to go into the Code publishing business you need to have a copyright lawyer examine your entire business plan. I doubt that it will pass muster.

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Answered on 3/25/08, 10:34 pm


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