Plaintiff International Code Council, Inc. (“ICC”) filed this action alleging one count of copyright infringement by defendants UpCodes, Inc. (“UpCodes”), Garrett Reynolds, and Scott Reynolds (collectively, “Defendants”). ICC claims that Defendants have infringed its copyrights in forty model building codes (the “I-Codes”) by posting the I-Codes and derivative works on their website, UpCodes. (See “Complaint,” Dkt. No. 1.) Defendants deny ICC’s claims and counterclaim for a declaratory judgment that none of their copying constitutes copyright infringement, because the material they post on UpCodes is either in the public domain or otherwise protected under copyright defenses including merger and fair use.
Now before the Court are the parties’ cross-motions for summary judgment. (See “ICC’s Motion,” Dkt. No. 84; “Defendants’ Motion,” Dkt. No. 85.) For the reasons set forth below, the Court denies both motions at this time.
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