A privately-authored work does not “become law” just because a statute or regulation references it, but that does not mean governmental incorporation of a copyrighted work never renders free access to the work necessary. Recommending that the Supreme Court deny certiorari in Veeck, the Solicitor General further explained why CCC and Veeck do not conflict and provided guidance on which case applies to a particular fact pattern. See “Solicitor General’s Brief,” SBCCI v. Veeck, No. 02-355 (May 30, 2003). Far from conflicting, the cases merely reflect a divide between distinct fact patterns requiring distinct results: “those involving the incorporation of copyrighted codes into laws that directly regulate primary conduct and those involving laws that reference copyrighted materials.” Id. at 8.
In explaining why Veeck was correctly decided, the Solicitor General detailed five considerations indicating why SBCCI’s model codes became the law upon government incorporation: (1) the codes “were created for the sole purpose of enactment into law, and SBCCI invited the towns of Anna and Savoy to enact them”; (2) the codes “comprehensively govern[ed] a very broad range of … everyday conduct by private businesses and ordinary
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