Court Ruling Cements Fair Use of Standards Incorporated by Reference in Non-Commercial Contexts

On September 12, 2023, a noteworthy decision was rendered by the Court of Appeals for the District of Columbia in the American Society for Testing and Materials (ASTM) v. Public.Resource.Org, Inc. case.

In essence, the court held that the non-commercial use of industrial standards that have been incorporated by reference into the law falls under the bracket of fair use, thereby not constituting copyright infringement.

This case revolves around the standards developed by the ASTM incorporated into law via the reference technique. In this instance, these standards effectively become part of the legal framework. This case raised questions over the appropriation rights of the standards when they are publicly shared in a non-commercial capacity.

In its judgment, the court affirmed that fair use principles apply to the standards incorporated into law in such a manner, providing they are circulated in a non-commercial context. This decision indicates that public dissemination without commercial intent does not infringe on the copyright of the original standard body, such as ASTM in this case.

It is important to note that this decision, while holding significance for the legal industry and corporations alike, can set precedent and may be referred to in future litigations of similar nature. A thorough understanding of this judgment and its implications is recommended for legal professionals in order to capitalize on its significance in relevant cases in the future.

For a detailed understanding of the case and the court’s reasoning, the opinion of the case is available for review and further study.