Tomorrow morning, January 14, 2014, at 10:00 am, the House Subcommittee on Courts, Intellectual Property, and the Internet is holding a hearing on “The Scope of Copyright Protection.”  Among the issues to be discussed is copyright protection for materials incorporated by reference into federal regulations. 

Two witnesses will testify on the incorporation by references issues: (1) Carl Malamud, President and Founder of Public.Resource.Org and former public member of the Administrative Conference (testimony); and (2) Patricia A. Griffin, Vice President and General Counsel of the American National Standards Institute (testimony).

In December 2011, the Administrative Conference adopted Recommendation 2011-5, Incorporation by Reference, which provides guidance to agencies navigating these difficult issues.