Carstens, Allen & Gourley, LLP: Supreme Court Denies Copyright Appeal in Win for Firm Client

Supreme Court Denial of Certiorari Upholds Fifth Circuit Win, Ensuring Public Access to the Law 

WASHINGTON, Feb. 27, 2025 /PRNewswire/ -- In a landmark decision on January 21, the U.S. Supreme Court denied certiorari on an appeal challenging a victory our firm obtained at the Fifth Circuit on behalf of our client, P.S. Knight Co. This denial cements a significant win for our client, affirming the principle that dissemination of the laws that bind citizens cannot be restricted by copyright. Our team, led by James Gourley, did an excellent job briefing the legal issues at the center of this appeal.

The case involved copyright infringement claims over model codes adopted as binding law. P.S. Knight Co., a Canadian company, had been selling copies of the codes—including electrical and plumbing regulations—without permission of the original distributor, the Canadian Standards Association (CSA). While CSA initially won on summary judgment at the trial court level, the Court of Appeals for the Fifth Circuit overturned that ruling and instructed the trial court to enter a judgment of no infringement in favor of P.S. Knight.

The Fifth Circuit victory was based on two key legal doctrines:

• The Government-Edicts Doctrine: This doctrine prohibits copyright protection for works created by government officials in their official capacity, including binding law and non-binding annotations to laws, ensuring public access to legal statutes.
• The Merger Doctrine denies copyright protection when expression and ideas are inseparable, reinforcing that the law cannot be copyrighted.

CSA's Supreme Court petition argued that the ruling conflicted with existing precedent, created a circuit split, and violated international agreements under the Berne Convention.

In response, James Gourley and Conner Hutchisson filed an opposition brief that effectively dismantled these claims, demonstrating that CSA's position posed a fundamental threat to public access to binding law. Had CSA prevailed, laws could have been hidden behind paywalls, preventing individuals and businesses from knowing and complying with the regulations that govern them.

With the Supreme Court's refusal to hear the case, the firm's Fifth Circuit win stands, creating significant precedent in the ongoing battle for public access to the law.

About Carstens, Allen & Gourley, LLP
Carstens, Allen & Gourley is a distinguished intellectual property and technology law firm with offices in Dallas and Denver. For over 25 years, we have been leaders in safeguarding our client's intellectual property rights worldwide and providing general guidance to technology companies. Our firm supports clients, including venture-backed startups, with comprehensive strategies in patents, trademarks, copyrights, and trade secrets. We have a global commercial litigation and dispute resolution practice that includes state and federal court litigation, international arbitrations, international transactions, and pre-litigation dispute resolution. Our award-winning team is dedicated to delivering top-tier legal services to clients across the globe. 

Contact:
Carstens, Allen & Gourley
972.367.2001
caglaw.com

SOURCE Carstens, Allen & Gourley, LLP