Page:International Code Council v. UpCodes (2020).pdf/37

 citizens” such that they resembled “laws of general applicability”; (3) the codes “expressly regulate[d] an entire area of private endeavor”; (4) the codes “carr[ied] criminal penalties for their violation”; and (5) the defendant made the building codes available to the public and “did not identify or publish them as the SBCCI model codes.” Id. at 11. While these five observations do not constitute a definitive test and do not perfectly track the facts of this case, the Court will consider them in determining whether Veeck and BOCA or CCC and PMIC should control here.
 * 4. County of Suffolk

The Second Circuit has also considered whether otherwise copyrightable works may enter the public domain through association with government in another case. In County Ofof [sic] Suffolk, New York v. First American Real Estate Solutions, 261 F.3d 179 (2d Cir. 2001), the court addressed the question of whether tax maps authored by a Suffolk County agency and referenced in the county’s ordinances were in the public domain. Canvassing the Government Edicts cases, the Second Circuit determined two considerations governed whether the Suffolk County tax maps were in the public domain: “(1) whether the entity or individual who