I'm new to this
group, and my question about freedom of information and
copyright law is a little off-topic, but I'd like to hear your thoughts.
The city where I live has adopted the International Code Council's International
Property Maintenance Code (IPMC) into the city's municipal code. The IPMC
is only referenced by name in the code, and the IPMC is not available on the
city's website, in the library, the county's law library, or in the local law
school's library. Supposedly, the City Council's clerk has a copy of the
IPMC, but it is as hard to get a hold of the City Council's clerk as you would
imagine it to be. The IPMC is not easily accessible online, although it is
easy to find the International Code Council's website, who will sell you a copy
of the IPMC.
So basically, this
code which dictates the law of the city in regards to building construction and
maintenance is virtually inaccessible. Of course, the penalty for
violating this invisible law is clearly available to all - misdemeanor of the
first degree, and a $25 fine each day until the violation is
remedied.
My state does have
requirements to make these standard codes available, and I'm talking to the city
to make sure the city meets these requirements. However, I believe this
part of the code needs to be accessible online, like the rest of the code.
Copyright law is preventing the publication of laws that people are
required to follow. Or would publishing the parts adopted by the city,
with the amendments made by the city, be considered fair use? Is it unfair
to hold people responsible for violating a code, when they are not able to read
that code without paying for it?
The copyright for
the IPMC is reprinted below:
ALL RIGHTS RESERVED. This 2003 International Property Maintenance Code® is a copyrighted work owned by the International Code Council, Inc.Without advance written permission from the copyright owner, no part of this book may be reproduced, distributed or transmitted in any form or by any means, including, without limitation, electronic, optical or mechanical means (by way of example and not limitation, photocopying, or recording by or in an information storage retrieval system). For information on permission to copy material exceeding fair use, please contact: Publications, 4051 West Flossmoor Road, Country Club Hills, IL 60478-5795 (Phone 800-214-4321). Trademarks: “International Code Council,” the “International Code
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