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Pro Codes Act

USA118th CongressS-835| Senate 
| Updated: 3/16/2023
Christopher A. Coons

Christopher A. Coons

Democratic Senator

Delaware

Cosponsors (4)
Mazie K. Hirono (Democratic)Thomas Tillis (Republican)Sheldon Whitehouse (Democratic)John Cornyn (Republican)

Judiciary Committee

  • Introduced
  • In Committee
  • On Floor
  • Passed Chamber
  • Enacted
Protecting and Enhancing Public Access to Codes Act or the Pro Codes Act This bill addresses copyright protections for privately-developed technical standards that are incorporated into a law or regulation (e.g., a state law that requires buildings to comply with the electrical standards developed by a private standards development organization). Currently, there is not a consensus as to whether a technical standard that has been incorporated by reference into a law retains copyright protection. (A technical standard created by a private organization is typically eligible for copyright protection, but some courts have ruled that standards incorporated into law lose their copyright protections for various reasons. For example, some courts have held that incorporated standards effectively became law and therefore entered the public domain.) Under this bill, a technical standard shall retain its copyright protection even if it has been incorporated by reference into a law or regulation, if the applicable standards development organization makes the standard available on a free publicly accessible online source. If a party asserts that an incorporated technical standard has lost its copyright protection because it has not been made available for free online, the party making that assertion shall bear the burden of proof.
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Timeline
Mar 16, 2023
Introduced in Senate
Mar 16, 2023
Read twice and referred to the Committee on the Judiciary.
Jul 22, 2024

Latest Companion Bill Action

HR 118-1631
On motion to suspend the rules and pass the bill, as amended Failed by the Yeas and Nays: (2/3 required): 248 - 127 (Roll no. 357).
  • March 16, 2023
    Introduced in Senate


  • March 16, 2023
    Read twice and referred to the Committee on the Judiciary.


  • July 22, 2024

    Latest Companion Bill Action

    HR 118-1631
    On motion to suspend the rules and pass the bill, as amended Failed by the Yeas and Nays: (2/3 required): 248 - 127 (Roll no. 357).

Commerce

Related Bills

  • HR 118-1631: Pro Codes Act
Digital mediaIntellectual propertyUser charges and feesWages and earnings

Pro Codes Act

USA118th CongressS-835| Senate 
| Updated: 3/16/2023
Protecting and Enhancing Public Access to Codes Act or the Pro Codes Act This bill addresses copyright protections for privately-developed technical standards that are incorporated into a law or regulation (e.g., a state law that requires buildings to comply with the electrical standards developed by a private standards development organization). Currently, there is not a consensus as to whether a technical standard that has been incorporated by reference into a law retains copyright protection. (A technical standard created by a private organization is typically eligible for copyright protection, but some courts have ruled that standards incorporated into law lose their copyright protections for various reasons. For example, some courts have held that incorporated standards effectively became law and therefore entered the public domain.) Under this bill, a technical standard shall retain its copyright protection even if it has been incorporated by reference into a law or regulation, if the applicable standards development organization makes the standard available on a free publicly accessible online source. If a party asserts that an incorporated technical standard has lost its copyright protection because it has not been made available for free online, the party making that assertion shall bear the burden of proof.
View Full Text

Suggested Questions

Get AI-generated questions to help you understand this bill better

Timeline
Mar 16, 2023
Introduced in Senate
Mar 16, 2023
Read twice and referred to the Committee on the Judiciary.
Jul 22, 2024

Latest Companion Bill Action

HR 118-1631
On motion to suspend the rules and pass the bill, as amended Failed by the Yeas and Nays: (2/3 required): 248 - 127 (Roll no. 357).
  • March 16, 2023
    Introduced in Senate


  • March 16, 2023
    Read twice and referred to the Committee on the Judiciary.


  • July 22, 2024

    Latest Companion Bill Action

    HR 118-1631
    On motion to suspend the rules and pass the bill, as amended Failed by the Yeas and Nays: (2/3 required): 248 - 127 (Roll no. 357).
Christopher A. Coons

Christopher A. Coons

Democratic Senator

Delaware

Cosponsors (4)
Mazie K. Hirono (Democratic)Thomas Tillis (Republican)Sheldon Whitehouse (Democratic)John Cornyn (Republican)

Judiciary Committee

Commerce

Related Bills

  • HR 118-1631: Pro Codes Act
  • Introduced
  • In Committee
  • On Floor
  • Passed Chamber
  • Enacted
Digital mediaIntellectual propertyUser charges and feesWages and earnings