Favorable Copyright Infringement Settlement Supported by Testimony from Managing Principal Justin McLean and Affiliate Toby Stuart

June 20, 2025

Analysis Group was retained on behalf of the National Fire Protection Association (NFPA), a nonprofit safety standards development organization and the plaintiff in a copyright infringement litigation against UpCodes, a for-profit code-compliance platform. UpCodes provided free and subscription access to a large database of codes and standards – including NFPA-developed standards – to customers in the architecture, engineering, and construction industries. NFPA, which depends on selling printed copies of and subscription access to its codes and standards to these same customers to recoup its investment in standards development, alleged that UpCodes’ unlicensed use of NFPA’s copyrighted works in its database infringed NFPA’s exclusive rights to the material, and that UpCodes’ improper use harmed NFPA.

An Analysis Group team led by Vice President David Smith and Managers Jonas Blomberger, Jarone Gittens, and Hunter Lent supported Managing Principal Justin McLean, who assessed past and future harm to the market for NFPA standards and the licensing costs avoided by UpCodes, and academic affiliate Toby Stuart, who analyzed market dynamics. Both experts submitted reports and testified at deposition.

The parties reached a settlement before trial, the terms of which granted UpCodes a license to use certain NFPA codes under mutually agreeable conditions.