Georgiav.Public Resource.Org, Inc.
Georgia’s Official Code contained statutory text and nonbinding annotations prepared under a work-for-hire agreement with LexisNexis. The nonprofit organization posted the Code online, and Georgia sued for copyright infringement. The Supreme Court held that the government-edicts doctrine barred copyright protection for the annotations because the Code Revision Commission, acting with legislative authority, created them as part of the official Code. The annotations were not themselves law, but they were authored by officials who had authority to speak with the force of law and were produced as part of the official legislative process. The Court affirmed the Eleventh Circuit and held that Georgia could not use copyright to restrict public access to the official Code. Justice Thomas, joined by Justice Alito, dissented and would have treated the annotations as copyrightable because they were explanatory rather than legislative.
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