The non-profit organization responsible for developing building codes has sued the startup UpCodes, alleging the company of copyright infringement for republishing the many laws and regulations around buildings.
UpCodes is a searchable platform for building codes intended to make the labyrinthine layers of regulations easier to navigate for architects. Last year, they also released a second product, described by its founders as the spellcheck for construction, that uses AI to help the construction industry manage compliance.
The application pulls from various sources, including government websites, the ICC's website and their various code books. The founders, brothers Scott and Garrett Reynolds, believed the platform's ability to pull this information into their database was covered by fair use doctrine, arguing that these laws should be part of public domain.
However, the ICC, which sells code books and runs accreditation programs and makes $78 million per year, sees differently, arguing that UpCodes is violating their copyright and "misappropriating ICC codes to generate their for-profit business."
The question at the center of the lawsuit—can the law be copyrighted?—is an important one for architects. Over the last 50 decades, the construction industry has seen a decrease in productivity, which is largely attributed to cumbersome buildings codes and permitting processes.
By giving free, unfettered access to the laws, UpCodes was positioning professionals to better navigate these regulations that help keep buildings and cities safe. However, this lawsuit also has huge implications beyond the building industry.
For Garrett Reynolds, one of the founders of UpCodes, the legal battle with ICC is about defending Americans' constitutional right to access their own laws. "I think citizens being able to freely access and discuss laws is critical to democracy and to hold the government accountable,” he says.
3 Comments
"Over the last 50 decades, the construction industry has seen a decrease in productivity..."
So the height of the construction industry was back when there were only ~500 million people on the planet?
I don't think construction projects were that much more efficient in 1519, but what do I know.
So the ICC owns the copyright on public laws? Capitalism runs amok (again).
I can't imagine the courts would side with the ICC on this, but you never know. $78m annual revenue gives them a deep war chest. And in the end that's pretty much all that matters.
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