Idaho copyright law scrutinized by UI law students
BOISE — A bill introduced to the Idaho House Health and Welfare Committee Friday is the result of a collaboration between UI law students and Rep. Ilana Rubel, D-Boise, seeking to give free and unrestricted access to the public in procuring copies of the Idaho Code.
The bill would make veterans exempt from any fees associated with claiming legal documents such as affidavits, pension claims and vouchers, as well as submitting discharge papers for indexing.
Rep. Luke Malek, R-Coeur d’ Alene, presented the bill and said the bill “strikes a section of copyright law that declares the Idaho Code copyrighted,” to broaden Idaho Code’s availability to the public.
“If ignorance of the law is no defense, people ought to have unfettered access to the law, and this is what this does. It makes it so all laws are public domain,” Malek said.
Under current Idaho law, if a person distributes a copy of the Idaho Code for commercial gain, courts have the ability to impound copies of the documents and the distributor is liable for any profits incurred while using the Idaho Code. Idaho Code is copyrighted to the Idaho Code Commission under current law.
Additionally, in lieu of claiming any actual damages or profits made by the distributor, the Idaho Code Commission can elect to charge a statutory damage fee of “not less than $250 and not more than $10,000,” prior to final judgment.
Rep. John Rusche, D-Lewiston, asked why Idaho Code was copyrighted in the first place. Malek said he wasn’t sure.
Currently, the Idaho Code commission can license out use of the Idaho Code and may also waive a portion or all fees attributed to securing this license.
If the bill passes in committee, it will go to the Idaho House for a vote.
George Wood Jr. can be reached at [email protected]