On April 27, 2020, the United States Supreme Court held, in Georgia et al. v. Public.Resource.Org., Inc., in a 5-4 decision, that copyright law does not protect annotations contained in the official annotated compilation of Georgia statutes.
As explained in our prior blog, Georgia, like many states, offers a free version of its official statute, but charges a fee for the annotated version, Official Code of Georgia Annotated (“OCGA”). Annotated codes, in addition to the text of the statute, include summaries of judicial opinions, regulations, and attorney general opinions related to the statute. The annotations in the current OCGA were produced by Matthew Bender & Co., Inc., a division of the LexisNexis Group (“Lexis”), pursuant to a work-for-hire agreement with the Georgia Revision Commission (“Commission”), a state entity composed mostly of legislators. Under the agreement, Lexis drafts the annotations under the supervision of the Commission. The agreement also states that any copyright in the OCGA vests in the State of Georgia, acting through the Commission. Continue Reading