Page:International Code Council v. UpCodes (2021).pdf/9

 copying constituted copyright infringement because the material posted was either in the public domain or otherwise protected under copyright defenses including merger and fair use. ( See Copyright Docket, Dkt. No. 85.)

In a comprehensive opinion dated May 27, 2020 (the “Summary Judgment Order”) the Court denied both motions. See Int’l Code Council, Inc. v. UpCodes, Inc., No. 17 Civ. 6261, 2020 WL 2750636 (S.D.N.Y. May 27, 2020) (“ ICC ”). The Court reasoned that, because the “law is in the public domain,” by posting accurate versions of the I-Codes as adopted into law, UpCodes had not infringed ICC’s copyrights as a matter of law. Id. at *16. On the other hand, a defendant might infringe a copyright when copying “model codes as model codes or indiscriminately mingl[ing] the enacted portions of the model codes with portions not so enacted.” Id. at *17. Thus, because factual disputes existed as to whether UpCodes had mingled enacted codes with unadopted model text, Defendants were not entitled to summary judgment either. Id. at *18.

Having denied both motions, the Court directed the parties to submit a proposed timeline for trial within twenty days of the date of the Summary Judgment Order. Id. at *31. Before the twenty days had elapsed, on June 5, 2020, ICC initiated the instant lawsuit. ( See Complaint.) On June 15,