The Pro Codes Act addresses the issue of copyright protections for technical standards that have been incorporated into laws or regulations. It states that these standards can retain their copyright protection if the organization that created them makes the standards available for free online. This aims to ensure public access to important standards that are required by law.
Latest Action
On motion to suspend the rules and pass the bill, as amended Failed by the Yeas and Nays: (2/3 required): 248 - 127 (Roll no. 357).
AI Summary
Plain-English explanation of this bill
The Pro Codes Act addresses the issue of copyright protections for technical standards that have been incorporated into laws or regulations. It states that these standards can retain their copyright protection if the organization that created them makes the standards available for free online. This aims to ensure public access to important standards that are required by law.
Last updated: 12/29/2025
Official Summary
Congressional Research Service summary
<p><b>Protecting and Enhancing Public Access to Codes Act or the Pro Codes Act</b></p> <p>This bill addresses copyright protections for privately-developed technical standards that are incorporated into a law or regulation (e.g., a state law that requires buildings to comply with the electrical standards developed by a private standards development organization). </p> <p>Currently, there is not a consensus as to whether a technical standard that has been incorporated by reference into a law retains copyright protection. (A technical standard created by a private organization is typically eligible for copyright protection, but some courts have ruled that standards incorporated into law lose their copyright protections for various reasons. For example, some courts have held that incorporated standards effectively became law and therefore entered the public domain.)</p> <p>Under this bill, a technical standard shall retain its copyright protection even if it has been incorporated by reference into a law or regulation, if the applicable standards development organization makes the standard available on a free publicly accessible online source.</p> <p>If a party asserts that an incorporated technical standard has lost its copyright protection because it has not been made available for free online, the party making that assertion shall bear the burden of proof. </p>
Key Points
Main provisions of the bill
Technical standards created by private organizations can retain copyright protection even if they are incorporated into laws or regulations.
Standards must be made freely available online by the standards development organization to keep their copyright protection.
The burden of proof is on the party claiming that an incorporated standard has lost its copyright protection.
How This Impacts Americans
Potential effects on citizens and communities
This bill would affect the public, as it would ensure greater access to important technical standards that are required by law. It would also impact standards development organizations, who would need to provide free online access to their standards to retain copyright protection. Overall, it aims to balance private intellectual property rights with public access to information needed to comply with the law.
Policy Areas
Primary Policy Area
Commerce
Related Subjects
Digital media
Intellectual property
User charges and fees
Wages and earnings
Scope & Jurisdiction
Jurisdiction Level
federal
Congressional Session
119th Congress
Citation Reference
1631, 119th Congress (2025). "Pro Codes Act". Source: Voter's Right Platform. https://votersright.org/bills/118-hr-1631
