IBR and Fair Use: What Congress Needs to Fix in the Pro Codes Act

Lee Gesmer and Andrew Updegrove In 2023, we wrote about the D.C. Circuit s decision in American Society for Testing and Materials v. Public.Resource.Org (ASTM II), which held that a nonprofit organization s free online publication of technical standards incorporated by reference (IBR) into law constituted copyright fair use. We expressed concern that the decision underestimated the [ ] The post…