Protect the Code Development Process and Copyright for Safety Standards
Codes and standards are developed by non-profit standards development organizations (SDOs) through a rigorous, consensus-based process at no cost to taxpayers. The result has saved lives, fostered economic growth, and generated billions of dollars in taxpayer savings. Now, the development of these top-quality safety codes is being undermined by recent court decisions that enabled for-profit companies—which contribute nothing to the code development process—to sell unpermitted and erroneous copies of these codes. These companies contend that the government incorporation of a code into law forfeits copyright protection, effectively dismantling the public-private standards development system.
The passage of the bipartisan Pro Codes Act will ensure the continued production of high-quality codes and standards that are integral to the functioning of American society. H.R. 4072 clarifies that a standard does not lose its copyright protection by being incorporated by reference in a law or regulation, provided that the standard is available for free viewing on a publicly accessible website. This solution will enable the American people to access codes and standards that affect their daily lives at no cost, while preserving the efficient, effective, and self-funded public-private standards development system.
Congressional Champions
“Standards in federal rules and regulations matter to us all, and never more so than when they are at a point of either streamlining public access or blocking it from the people’s reach. The Pro Codes Act will achieve a long-term goal to make a lasting difference: Ensure our standards remain transparent, accessible, and available.” House Intellectual Property Subcommittee Chair Darrell Issa (R-CA)
““I believe that codes that have been incorporated into law should always be available to the public at no cost. I also believe that we must protect incentives to create, update and correct codes. The Pro Codes Act strikes a critical balance between enabling public access to codes and ensuring copyrights are protected and organizations are properly compensated and incentivized to create and update the standards we need to keep the American people safe and healthy.” Lead Cosponsor and House IP Subcommittee Member Deborah Ross (D-NC)
Organizational Support for the Pro Codes Act
America’s fire service organizations and building, healthcare, and engineering professionals support the Pro Codes Act. Our homes, workplaces, schools, and hospitals are safer, more sustainable, and more resilient thanks to these continuously improved codes and standards. The Pro Codes Act is critical towards protecting this system that works so well.
Unauthorized copies are inaccurate and dangerous
The development process and the people that power it matter; for-profit content scrapers could care less
About Standards: Protecting Lives, Powering Economic Growth, Saving Taxpayer Dollars
The Pro Codes Act specifies that any standards developing organizational (SDO)-developed code or standard that is later incorporated into federal, state, local, or municipal law or regulation by reference, in whole or in part, will not lose its copyright protection by virtue of its incorporation into the law, as long as: (1) the SDO’s procedures incorporate the attributes of openness, balance of interests, due process, an appeals process, and consensus in a manner consistent with the longstanding federal guidance, (2) the SDO makes the portion of the code or standard that was incorporated by reference into law publicly accessible online, and (3) there is no cost to the public for accessing those portions of the code or standard.
The Pro Codes Act is Good for All
The Pro Codes Act is a “win-win-win-win” solution: (i) the public gets free access to important codes and standards; (ii) SDOs maintain copyright protection for the codes and standards they develop, which ensures they can recoup development costs and are incentivized to create new codes and keep existing ones updated; (iii) taxpayers do not bear the cost of funding the development of these vital codes and standards; and (iv) lawmakers and governmental bodies will continue to avail themselves of the expertise of SDOs rather than undertake the time and resource-intensive task of developing standards and codes themselves—a job they are admittedly unqualified to do—and will continue to benefit from the SDO’s regular updates that keep pace with advancements in science and technology, best practices, and lessons learned.
A win-win-win-win solution.
TELL CONGRESS TO PASS THE PRO CODES ACT (H.R. 4072)
America’s codes and standards, which ensure public health and safety, are developed by non-profit organizations through a rigorous, resource-intensive consensus-based process. The development costs are funded by sales of the codes in digital and physical form. This is made possible by copyright protection. Recognizing their value, governments incorporate these codes into law. Code developers facilitate this at no cost to taxpayers. Some special interests and courts have contended that government incorporation of a code into law forfeits copyright protection — effectively dismantling the private standards development system.
Co-Sponsors:
Reps. Darrell Issa (R-CA)
Deborah Ross (D-NC)
Senators Chris Coons (D-DE)
John Cornyn (R-TX)
Thom Tillis (R-NC)
Sheldon Whitehouse (D-RI)
What They're Saying
“The rigorous, consensus-based standards developed by ASHRAE and other SDOs are essential to public health, resilience, safety and security,” said 2024-25 ASHRAE President Dennis Knight. “ASHRAE supports this legislation as it will continue to protect the valuable intellectual property of the private sector while making that technical information available to benefit the public and save taxpayer dollars.”
“Rigorous safety standards protect lives and property and help foster economic growth. The Pro Codes Act protects the ability of organizations like ours to keep developing these critical standards through a proven, independent, consensus-based process at no cost to taxpayers. We’re extremely grateful for Chairman Issa and Representative Ross’ leadership on this issue and encourage others in Congress to join their efforts,” said Jim Pauley, President and CEO of the National Fire Protection Association.
“The Protecting and Enhancing Public Access to Codes Act (Pro Codes Act) will help preserve the current public-private partnership model through which federal, state, and local governments depend on privately developed codes and standards to protect public health and safety and regulate industry at no cost to the taxpayer. NEMA thanks Rep. Issa and Rep. Ross for their leadership on this issue and looks forward to working with lawmakers in a bipartisan fashion to advance this legislation and ensure these protections support the development of the next generation of codes and standards,” said Spencer Pederson, Senior Vice President, Public Affairs, National Electrical Manufacturers Association (NEMA).
“Standards development organizations work tirelessly to enhance community resilience and protect the health and safety of communities around the world through the development of life safety codes and standards,” said John Belcik, Chief Executive Officer at the International Code Council. “Our standards development system costs taxpayers nothing and has worked efficiently for over 125 years. The advancement of the Pro Codes Act is essential towards protecting this transparent and balanced system, the value of which is well recognized in the U.S. and abroad. ICC applauds Representatives Issa and Ross for their leadership in reintroducing the Pro Codes Act and looks forward to working with them to see this measure enacted into law."
Save Lives
Tell Congress to Pass the Pro Codes Act (H.R. 4072)
