ANSI Files Amicus Brief in CSA v. Knight

Brief offers information on the importance of copyright protection for IBR’d standards

The American National Standards Institute (ANSI) and seven U.S. standards developing organizations (SDOs) filed an amicus brief in the case of Canadian Standards Association v. P.S. Knight Company, Limited (CSA v. Knight), in support of Appellee’s petition for rehearing in the Fifth Circuit Court of Appeals.

View the Knight amicus brief here.

CSA v. Knight concerns copyright protections surrounding privately-developed standards that are incorporated by reference (“IBR’d”) into law.  IBR is the long-recognized practice by legislatures and agencies to utilize an existing standard rather than create a new set of statues or regulations for a particular industry or practice.  Learn more about IBR in ANSI’s Action Brief: What Standard Developing Organizations (SDOs) Need to Know About Incorporation By Reference (IBR)

In CSA v. Knight, a panel of the Fifth Circuit stated that it was “bound to follow” an earlier decision in Veeck v. Southern Building Code Congress International, Inc. (Veeck), and held that certain IBR’d Canadian standards were not entitled to copyright protection under US law. The amicus brief highlights the significant importance that copyright protection plays in the IBR ecosystem and how the Court’s broad interpretation of Veeck threatens SDOs’ ability to do their critical work.

In addition to ANSI, the amicus parties are:

• American Society for Testing and Materials
• American Society of Safety Professionals
• International Association of Plumbing & Mechanical Officials
• International Code Council, Inc.
• North American Energy Standards Board
• National Electrical Manufacturers Association
• ULSE Inc.

In May, ANSI filed an amicus brief with 16 SDOs in response to Public.Resource.Org, Inc., et al., v. Federal Communications Commission, et al. View the FCC amicus brief here.

Legal Issues Forum

ANSI will further explore and educate the standards community on issues surrounding IBR and other legal matters at its upcoming Legal Issues Forum, to be held in Washington, DC, on November 14 in conjunction with World Standards Week. Anticipated panels include:

• New Legal Developments Impacting the Practice of Incorporation by Reference (IBR): The second in a series of events covering the increasing risk of loss of copyright protection for standards that are IBR’d, this panel will analyze the current legal landscape, including recent decisions from the D.C. Circuit and Fifth Circuit Court of Appeals, the status of proposed legislation to address the IBR issue, and other ideas for minimizing the risk of copyright challenges to IBR’d standards.
  
  
• Navigating the Impact of the Supreme Court's Loper v. Bright Decision: The recent Supreme Court ruling in Loper v. Bright overturns the Chevron deference doctrine—a principle that has long guided how courts interpret agency regulations. This panel will explore the potential consequences of this landmark ruling on the development and application of standards in regulation, and the evolving relationship between the judiciary, regulatory bodies, and the standards community.
  
  
• What the Standards Community Needs to Know about Data Security Regulations, Practices and Standards: This LIF panel will explore the regulatory and legal frameworks that are being put in place to address and mitigate data security risks, and the role of standards and conformity assessment in enhancing data security.

Learn more and register for this event at www.ansi.org/wsweek.