United States Fifth Circuit

In a private code-writing organization's claim against a website operator for posting the text of a model building code, when model codes have been adopted by a legislative body and become law, they enter the public domain and are not subject to copyright protection as "law." However, as model codes, the organization's works retain their protected status under copyright.

Appellate Information

• Decided 06/10/2002
• Published 06/10/2002

Judges

• EDITH H. JONES, Circuit Judge:, Before KING, Chief Judge, JOLLY, HIGGINBOTHAM, DAVIS, JONES, SMITH, WIENER, BARKSDALE, EMILIO M. GARZA, DeMOSS, BENAVIDES, STEWART, PARKER, DENNIS and CLEMENT, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Eric P. Weisberg (argued), Weisberg Law Office, Denison, TX, for Veeck., Robert J. Veal (argued), Burr & Forman, Birmingham, AL, for Southern Building Code Congress Intern. Inc., Alan S. Wernick, James Terrence Hultquist, Quarles & Brady, Chicago, IL, for Building Officials and Code Administrators Intern., Inc., International Code Council and Intern. Conference of Building Officials, Amici Curiae., Michael Lowenberg, Patrick F. McGowan, Akin, Gump, Strauss, Hauer & Feld, Dallas, TX, Maureen B. Brodoff (argued), Quincy, MA, for American Medical Ass'n, American National Standards Institute, American Society of Heating, Refrigerating and Air-Conditioning Engineers, American Society of Mechanical Engineers, National Fire Protection Ass'n, Texas Municipal League, Underwriters Laboratories Inc., American Society of Ass'n Executives, American Society of Civil Engineers, International Ass'n of Plumbing & Mechanical Officials and NSF Intern., Amici Curiae., Malla Pollack (argued), Northern Illinois University, School of Law, DeKalb, IL, pro se., Karen Bryant Tripp, Houston, TX, for Association of American Physicians & Surgeons, Inc. and Eagle Forum Education and Legal Defense Fund, Amici Curiae., Andrew Layton Schlafly, Far Hills, NJ, for Eagle Forum Education and Legal Defense Fund, Amicus Curiae., Scott T. Williams, Akin, Gump, Strauss, Hauer & Feld, Dallas, TX, for American Society of Civil Engineers, International Ass'n of Plumbing and Mechanical Officials and NSF Intern., Amici Curiae.