What’s fair in copyright and trademark… Alleged infringement of technical standards raises questions

Description

Abstract: Thousands of private organizations produce technical standards, some of which are incorporated into laws by federal, state and local governments. A federal court of appeals recently considered whether these organizations can invoke copyright and trademark laws to prevent the unauthorized copying and distribution of such works. This article reviews the case in which the court failed to provide a conclusive answer, focusing instead on fair use matters. American Society for Testing and Materials v. Public.Resource.Org, Inc., No. 17-7035, July 17, 2018, D.C. Cir.