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 district court and a panel of the Fifth Circuit granted SBCCI’s motion for summary judgment.

The en banc Fifth Circuit reversed and held that Veeck had posted only the law. The court analyzed BOCA at length, agreeing that the Government Edicts doctrine derived from a notion of metaphorical citizen authorship of the law. See id. at 795–799. And like the First Circuit in BOCA, the Fifth Circuit did not rely on that conception alone, again highlighting the concerns implicated by a private party’s exercise of copyright with respect to enacted building codes. See id. at 799 (stating that the “‘metaphorical concept of citizen authorship’ together with the need for citizens to have free access to the laws are the ultimate holding of Banks ”). SBCCI argued that the need for free access to the law was satisfied because Anna and Savoy both made their building codes available for public inspection, but the Fifth Circuit was not convinced. Though the Fifth