Oren Warshavsky Comments on Efforts to Copyright Laws Published by Service Providers

News / November 16, 2018

Partner Oren Warshavsky is quoted in an article published Nov. 15, 2018, by LegalTech News. The article “Legal Research Companies Post Law Online, but Do They Own the Data?” discusses attempts by some legal service providers to copyright the laws and regulations they publish or post online.

In commenting to LegalTech News, Warshavsky cited 17 U.S. Code Section 105 as a regulation that says federal laws aren’t copyrightable. Warshavsky also said a section in the Code of Federal Regulations prohibits the federal Copyright Office from registering laws and regulations, and that these policies seem to imply people should have access to the law without fearing possible copyright infringement.

“As a matter of public policy, it seems unfair that someone could obtain the exclusive rights to publish the laws of a state and exclude others from quoting those laws or decisions,” Warshavsky told the publication. “If you allow the other private party or government to copyright state statute that would in essence preclude a third party from copying those statutes or laws, subject to any defenses, like fair use of course.”

Read the article (registration required).