Summary

Requires standards from private standards-development organizations (SDOs) that are incorporated by reference into federal, state, or local law or regulation to be made publicly accessible online at no cost and in a searchable format (with a table of contents and index or equivalent) within a reasonable time after notice of incorporation, or else the copyrighted work will not retain copyright protection. Defines key terms, records congressional findings about the value of voluntary consensus standards, and places the burden of proof on parties alleging noncompliance.

Key Points

• Copyrighted standards incorporated by reference into law must be made freely and publicly accessible online to retain copyright protection.
• Accessible copies must be searchable and include a table of contents and an index or an equivalent.
• Obligation applies within a "reasonable time" after actual or constructive notice of incorporation.
• The party alleging noncompliance bears the burden of proof in any proceeding.
• Defines key terms to clarify the scope of coverage and applicability.
• Congressional findings emphasize balancing SDO revenue models and public access.
• Adds a conforming amendment to the Title 17 table of sections to list the new provision.
• Leaves open how "reasonable time" and "searchable format" will be interpreted, creating potential for litigation.
• Aims to improve public transparency and lower compliance costs for users of standards embedded in law.

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