Subcommittee Ranking Member Johnson’s Opening Statement at Hearing Highlighting Need to Balance Copyright Protections with Public Access

Washington, D.C. (April 21, 2026)-Today, Rep. Hank Johnson, Ranking Member of the Subcommittee on Courts, Intellectual Property, Artificial Intelligence, and the Internet, delivered opening remarks at a hearing focused on strengthening copyright protections while ensuring public access to laws and standards.

Below are Ranking Member Johnson's remarks, as prepared for delivery, at today's hearing.

WATCH Subcommittee Ranking Member Johnson's opening statement.

Ranking Member Hank Johnson
Subcommittee on Courts, Intellectual Property, Artificial Intelligence, and the Internet
Hearing on "Protecting U.S. Leadership in Codes Development and Enhancing Public Access"
April 21, 2026

When I get home to Georgia after a long week, I'll get off the plane, take the airport rail to my car, and pick up my car from the long-term parking garage. Once I get home, I'll park the car, walk into my house, and turn on the lights. Sometimes I'll pour myself a glass of water.

And I rarely think about it, but all of these steps from the airport to my house are governed by codes developed by standards developing organizations, or SDOs. Standards governing everything from light rail and parking garages to home fire codes and water piping touch each of us in our everyday lives.

When a contractor works on your house, or a firefighter inspects your workplace for fire safety, they have to consult their respective codes. While most of us know they exist, we rarely consider where these standards come from. The important part to you and me is that the standards work-they keep us safe, keep our lives running, with us none-the-wiser.

SDOs regularly get together and come up with the state-of-the-art guidelines for their trades. These best practices govern everything from consumer safety and household utility installation to home electrical wiring and plumbing planning. SDOs make sure your house won't catch on fire, your plumbing is up to code, your water boiler is installed correctly, and everything in between. If you live in an area that might be affected by floods or by earthquakes, you want to ensure your house is built to withstand natural disasters. You rely on your local contractor, and your contractor relies on their SDO standards.

Now, so far this sounds like a great hearing for the T&I Committee. But the reason the intellectual property subcommittee cares about standards is because recent circuit court decisions have made it harder for SDOs to assert their copyright when others post their codes online.

States and local governments frequently adopt SDO-developed codes by reference into the law. They do this for a few reasons, but primarily because the government doesn't have the funds to employ experts to develop a unique building code, and do not update the law often enough to keep up with changes in best practices. So, Georgia, for example, can refer to the National Fire Protection Association's most up-to-date code in their laws. That way the law is always up to date, and they don't have to pay experts to develop something new.

This is the point where intellectual property issues arise. Some point to the Supreme Court's Georgia v. Public.Resource.Org decision and say, "no one can own the law." If you can't access the code, you don't know what the law says. And Americans have a reasonable interest in knowing they can access the laws that govern them.

Others point out that SDOs fund their work by selling their copyrighted material to experts who use it to make the necessary evaluations, repairs, and installations. Without this rigorous development and dedication to constant improvement, they argue, American standards would fall behind.

So, we find ourselves in a dilemma. Once the code is law, it seems only reasonable that Americans should be able to figure out what the law says. On the other hand, SDOs fund their work, which we rely on to keep us safe, through sale of their copyrighted works, and we also have an interest in ensuring these codes always reflect the highest possible standards.

Multiple circuit court decisions have found that publication of codes incorporated by reference is "fair use." So, if we want to ensure that SDOs retain their copyright, legislation is likely necessary. The question is, what kind of legislation?

Last Congress, I voted in favor of the Pro Codes Act, but at the time I expressed concern that we hadn't had a fact-finding hearing to listen to all of the different sides to this issue. I understand that there are quite a few different perspectives represented here, and I commend my colleague Chairman Issa, for working with me to put together a panel of witnesses that can speak to the many facets of the copyright problems with incorporation by reference.

I look forward to hearing from the witnesses, and I yield back the remainder of my time.

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