The U.S. Supreme Court is considering whether a state can copyright annotated compilations of its own statutes. In December, the court heard oral argument in Georgia v. Public.Resource.Org, a case that may provide clarity on what sort of material constitutes a “government edict” that falls outside the scope of the copyright laws.

The official code of Georgia annotated (OCGA) is more than just a collection of Georgia statutes. It is accompanied by related annotations consisting of cross references, commentaries, excerpts from law review articles, summaries of opinions by the Georgia attorney general, as well as other research references. Georgia contracts with Mathew Bender & Co., a division of LexisNexis, to prepare the annotations, and Georgia retains the copyright to the OCGA. The Code Revision Commission, a body established by the Georgia legislature composed of members of the legislature, public officials and other appointed individuals, supervises the creation of the OCGA and offers final approval. The OCGA states that the annotations are part of the official code and that the statutory portions are “to be merged with annotations”; however, a Georgia statute clarifies that the annotations do not have the force of law.

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