Washington, D.C. – Today, Re:Create and our members issued the following statements urging congressional leaders to stop the Pro Codes Act out of must-pass legislation.

“No one can own the law. Legally mandated safety codes, essential for protecting lives and property, must be accessible to the public. Adding the Pro Codes Act to the National Defense Authorization Act (NDAA) is not only completely irrelevant to national security, but it would also restrict the public’s access to critical safety information by extending copyright protections to standards referenced in law,” said Re:Create Executive Director Brandon Butler. “This bill has no place in the NDAA, let alone becoming the law of the land, and ReCreate urges Congress to reject this underhanded attempt to copyright the law.”

Safety codes and standards are developed by industry experts, safety officials and policymakers as part of standards development organizations (SDOs), who actively seek their adoption by lawmakers. These codes are reviewed by all levels of government and then adopted “by reference” in federal, state and local laws. Many codes are long and detailed; the law cites the code, but doesn’t list it in full. These codes have been added to the law, yet groups are now advocating to retain copyright to the safety standards so they can continue to profit from them.

“You cannot paywall the law. This bill locks up the actual text of the law, with the only ‘public’ access allowed through non-searchable, non-ADA compliant ‘reading rooms.’ Copyrighting model standards as this bill proposes, including building and electric codes needed for safety, imperils the safety of ordinary Americans and drives up costs for basic access to the law,” said Sara Collins, director of government affairs at Public Knowledge.

“The PRO Codes Act is a deceptive and unconstitutional power grab that will help giant industry associations ration access to U.S. regulations. Whether it’s a tax code or a building code, no one should own the law. Congress, and anyone else who cares about due process and government accountability, should reject this cynical proposal outright,” said Corynne McSherry, legal director for Electronic Frontier Foundation.

“Libraries preserve and provide access to government information, including laws and other government edicts that are not copyrightable. The Pro Codes Act would undermine libraries’ ability to provide access to codes and standards for public servants, researchers, students, and anyone who needs access to government information,” said Katherine Klosek, director of information policy and federal relations at the Association of Research Libraries.

“Public access to the laws we live under should be a given. Allowing anyone to copyright the law and restrict access—as the PRO Codes Act would do—undermines that right, and erodes the public trust. Lawmakers should be ensuring access to our laws, not restricting it,” said Heather Joseph, executive director for SPARC.