U.S. Supreme Court Reinforces Public Access to Legal Statutes in Landmark Decision

On January 21, 2025, the U.S. Supreme Court made a crucial decision by denying certiorari on an appeal that questioned a decisive victory achieved by Carstens, Allen & Gourley, LLP for their client, P.S. Knight Co. This ruling reinforces the pivotal concept that essential laws governing citizens should remain accessible and cannot be limited by copyright restrictions. The case arose from allegations of copyright infringement involving model codes adopted as law, specifically in relation to electrical and plumbing regulations. P.S. Knight Co., a Canadian entity, had been distributing these codes without authorization from the Canadian Standards Association (CSA), the original distributor of these documents.

Initially, CSA triumphed in lower courts, which ruled in their favor. However, the Fifth Circuit Court of Appeals later overturned that decision, stating that no infringement occurred and ordering the lower court to issue a judgment favoring P.S. Knight. The cornerstone of the Fifth Circuit’s ruling rested on two legal doctrines:

1. The Government-Edicts Doctrine: This legal principle states that any works produced by government officials, including laws and regulations, cannot be subject to copyright protection. This erodes barriers to public access to legal codes.

2. The Merger Doctrine: This doctrine asserts that when a particular expression is inseparable from the ideas it conveys, copyright cannot apply. In this case, because laws are meant to be public knowledge, they cannot be copyrighted.

CSA sought to overturn the Fifth Circuit decision, claiming it conflicted with established legal precedents, was inconsistent with decisions from other courts, and breached guidelines put forth in the Berne Convention concerning copyright law.

The team at Carstens, Allen & Gourley, particularly James Gourley and Conner Hutchisson, successfully argued against CSA's claims, demonstrating that allowing CSA to win would jeopardize essential access to binding laws. This outcome could have led to regulations being hidden behind paywalls, inhibiting individuals and businesses from understanding and adhering to the laws governing them.

Ultimately, the Supreme Court's refusal to hear the case establishes a significant precedent in the battle for public access to legal statutes, further ensuring that the laws affecting society remain within reach for all.

About Carstens, Allen & Gourley, LLP


Carstens, Allen & Gourley, LLP is a prominent law firm specializing in intellectual property and technology. With offices situated in Dallas and Denver, the firm has spent over 25 years advocating for its clients' intellectual property rights worldwide. The firm provides strategic guidance to startups and technology businesses, helping them navigate the complexities of patents, trademarks, copyrights, and trade secrets. Its comprehensive service portfolio includes litigation, international arbitration, and pre-litigation dispute resolution, demonstrating the firm's commitment to delivering high-quality legal service worldwide.

Topics Policy & Public Interest)

【About Using Articles】

You can freely use the title and article content by linking to the page where the article is posted.
※ Images cannot be used.

【About Links】

Links are free to use.