Legal Question in Intellectual Property in Texas
Municipal Codes - Copyright?
Hi,
My city has adopted the ''National Electrical Code'', ''National Building Code'' and ''Energy Conservation Code'' as law. These codes are written and published (in book and CD form) by private entities that claim copyright on the text of the laws.
My city does not post the text of these laws online (as it does with other ordinances), but does keep a reference copy available at City Hall. The only way to obtain copies is to buy expensive books from the publisher.
My question: Once my city adopts the text of these laws 'as law', does that text fall into the public domain - i.e., could I post a copy on my website for all to see, print or download?
It seems unfair that a private company could claim to control the distribution of public law, even if that entity wrote that law.
1 Answer from Attorneys
Re: Municipal Codes - Copyright?
West does exactly the same thing with Texas statutes. Copying them and posting them would be a deliberate violation of copyright unless you received permission from the copyright holder.