A recent court decision gave start-up UpCodes a win in its fight with the International Codes Council over intellectual property rights regarding building codes.
Upcodes hosts a database of one million sections of building codes from across the U.S. online in locations across the US. The company’s machine learning technology can match search results to location and relevancy to a project, streamlining the process of ascertaining building compliance with codes.
While the building codes are enacted as state and local law, groups such as ICC that create them consider them to be their intellectual property, and often charge users to access them. ICC sued UpCodes on this basis, with existing legal precedents unclear.
Last month, a U.S. District Court ruled that UpCodes’ use of the copyrighted codes fell under fair use law. This decision will allow UpCodes to use the ICC’s codes without their permission, so long as they’re doing so in an educational or transformative context.
But the fight isn’t over. The ICC has launched another suit against UpCodes, alleging false advertising and unfair competition.
Related Stories
Codes and Standards | Sep 13, 2023
New rule mandates annual parapet inspections for New York City buildings
In November 2021, New York City enacted Local Law 126 of 2021, which is well-known in the building industry for establishing new requirements for periodic parking garage inspections. At the same time, the legislation added a section to the NYC Administrative Code mandating periodic observation of building parapets. To allow owners time to prepare, the City set the start date for the new parapet observations for January 1, 2024.
Resiliency | Sep 11, 2023
FEMA names first communities for targeted assistance on hazards resilience
FEMA recently unveiled the initial designation of 483 census tracts that will be eligible for increased federal support to boost resilience to natural hazards and extreme weather. The action was the result of bipartisan legislation, the Community Disaster Resilience Zones Act of 2022. The law aims to help localities most at risk from the impacts of climate change to build resilience to natural hazards.
Metals | Sep 11, 2023
Best practices guide for air leakage testing for metal building systems released
The Metal Building Manufacturers Association (MBMA) released a new guidebook, Metal Building Systems - Best Practices to Comply with Whole-Building Air Leakage Testing Requirements.
Contractors | Sep 11, 2023
Construction industry skills shortage is contributing to project delays
Relatively few candidates looking for work in the construction industry have the necessary skills to do the job well, according to a survey of construction industry managers by the Associated General Contractors of America (AGC) and Autodesk.
K-12 Schools | Sep 5, 2023
CHPS launches program to develop best practices for K-12 school modernizations
The non-profit Collaborative for High Performance Schools (CHPS) recently launched an effort to develop industry-backed best practices for school modernization projects. The Minor Renovations Program aims to fill a void of guiding criteria for school districts to use to ensure improvements meet a high-performance threshold.
Windows and Doors | Aug 31, 2023
Updated specification rates ability of windows, doors, skylights, sliding glass doors to withstand impacts from windborne debris
The Fenestration and Glazing Industry Alliance (FGIA) updated a specification providing a system for rating the ability of windows, doors, skylights and sliding glass doors to withstand impact and pressure cycling generally associated with hurricane conditions.
Office Buildings | Aug 31, 2023
About 11% of U.S. office buildings could be suitable for green office-to-residential conversions
A National Bureau of Economic Research working paper from researchers at New York University and Columbia Business School indicates that about 11% of U.S. office buildings may be suitable for conversion to green multifamily properties.
Adaptive Reuse | Aug 31, 2023
New York City creates team to accelerate office-to-residential conversions
New York City has a new Office Conversion Accelerator Team that provides a single point of contact within city government to help speed adaptive reuse projects. Projects that create 50 or more housing units from office buildings are eligible for this new program.
Codes and Standards | Aug 31, 2023
Community-led effort aims to prevent flooding in Chicago metro region
RainReady Calumet Corridor project favors solutions that use natural and low-impact projects such as rain gardens, bioswales, natural detention basins, green alleys, and permeable pavers, to reduce the risk of damaging floods.
Multifamily Housing | Aug 23, 2023
Constructing multifamily housing buildings to Passive House standards can be done at cost parity
All-electric multi-family Passive House projects can be built at the same cost or close to the same cost as conventionally designed buildings, according to a report by the Passive House Network. The report included a survey of 45 multi-family Passive House buildings in New York and Massachusetts in recent years.