As courts continue to reshape the legal framework governing standards incorporated by reference (IBR) into law — most recently in a significant April 2026 Third Circuit decision — the American National Standards Institute (ANSI) has released an updated Action Brief to help standards developing organizations (SDOs) respond.
“What Standards Developing Organizations (SDOs) Need to Know About Incorporation By Reference (IBR)” outlines current IBR trends, ongoing efforts to address IBR-related concerns, and key questions SDOs should consider as they evaluate their current and future business models in light of the changing landscape.
What is Incorporation by Reference?
IBR is the practice by which federal, state, local, and Tribal authorities reference voluntary consensus standards in regulations. SDOs make their works available to governmental entities for use in safety and other regulations when those entities find it serves the public interest, with the understanding that the standards retain their copyright protection. This protection allows SDOs to control their works and generate revenue from sales and licensing — revenue that sustains ongoing standards development, refinement, and maintenance.
Recent case law, however, has moved decisively toward limiting copyright protection for IBR’d standards, most recently in ASTM International v. UpCodes, in which the Third Circuit issued a significant ruling in April 2026. These developments raise serious concerns about the long-term sustainability of the voluntary consensus standards system. The updated Brief is available at on ANSI.org and SDOs are strongly encouraged to review it and assess what the changing landscape means for their organizations.
