Perm: do both --- mandating incorporation by reference is not mutually exclusive with expanding copyright protections --- perm is the best of both worlds.
Griffin and Saunders 24 – Senior Vice President and General Counsel at the American National Standards Institute, J.D. from Albany Law School; Senior Vice President of Public Policy at the American National Standards Institute.
Patricia A. Griffin and Maury Saunders, “ANSI Publishes Action Brief on IBR Landscape for SDOs,” American National Standards Institute, 05-09-2024, https://www.ansi.org/standards-news/all-news/2024/05/5-9-24-ansi-publishes-action-brief-on-ibr-landscape-for-sdos
IBR is a practice by federal, state, local, and Tribal authorities of referencing standards into regulations. SDOs make their works available for use by governmental entities in setting safety and other regulations when those entities deem it in the public interest, with the understanding that these works will retain their copyright protection. This provides SDOs the ability to maintain control of the works that they create and to generate revenue from the sale and licensing of these works, which, in turn, enables SDOs to sustain their ongoing standards creation, refinement, and updating. Recent case law, however, is trending towards limiting copyright protection in IBR’d standards.