Page:International Code Council v. UpCodes (2020).pdf/14

 :1. ICC’s Motion On May 31, 2019, ICC moved for summary judgment on its claim of copyright infringement and for a permanent injunction restraining Defendants from any future infringement. ( See ICC’s Motion.) ICC also moved for a judgment that Defendants’ infringement was willful, which would entitle ICC to greater statutory damages under the Copyright Act of 1976 (the “Copyright Act”), 17 U.S.C. Sectionsection [sic] 101 et seq. ( See “ICC Memo,” Dkt. Nos. 84-1, 100 at 49–50.)

ICC claimed that Defendants infringed its copyrights in three different ways. First and most straightforwardly, it claimed that Defendants posted the I-Codes on UpCodes without ICC’s permission. Second, ICC claimed that Defendants infringed its copyrights by posting enacted state and local building codes that incorporated the I-Codes by reference (the “I-Codes as Adopted”). Third, ICC claimed that Defendants infringed the I-Codes by including unadopted model code text in struck-through red print when displaying state or local codes that adopted the I-Codes with amendments (the “I-Code Redlines”) on Historic UpCodes. ( See id. at 15–16.)