No One Can Own the Law? The Third Circuits Review of Whether Publishing ASTM Standards is Fair Use @TheFederalistSociety
No One Can Own the Law? The Third Circuits Review of Whether Publishing ASTM Standards is Fair Use  @TheFederalistSociety
Uploaded February 2026 | Updated September 2026, 2 weeks ago
Join us for a webinar examining the Third Circuit’s ongoing review of a decision holding that publishing ASTM standards—which are funded by licenses to use the standards—is a noninfringing fair use under US copyright law. This session will present arguments from both sides, analyzing the tension between a private entity’s right to protect its investments in developing copyrighted technical standards, and the public’s right to access the laws which incorporate those standards. With the Third Circuit poised to issue a decision in ASTM v. UpCodes soon, this webinar aims to provide informative insight on the regulatory and intellectual property policies that will soon be implicated.

Featuring:

Prof. Emily Bremer, Professor of Law, University of Notre Dame Law School
Prof. Zvi Rosen, Associate Professor, UNH Franklin Pierce School of Law
(Moderator) Hon. Stephen Vaden, Deputy Secretary of Agriculture, U.S. Department of Agriculture

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As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speaker.
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No One Can Own the Law? The Third Circuit's Review of Whether Publishing ASTM Standards is Fair Use

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