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- From: dplatt@ntg.com (Dave Platt)
- Newsgroups: comp.sys.mac.misc
- Subject: Copyright of letters (was Re: ewright is full of Bull.....)
- Message-ID: <1992Sep3.180744.22831@ntg.com>
- Date: 3 Sep 92 18:07:44 GMT
- References: <ewright.715025520@convex.convex.com> <1992Sep2.143544.3347@otago.ac.nz> <SMITTIE.92Sep2125010@beach.csulb.edu>
- Organization: New Technologies Group, Inc. Palo Alto CA
- Lines: 43
-
- Smittie writes:
-
- > I am a bit curious about this "rule" regarding the posting of received
- > email to the net without the sender's permission. My feeling is that a
- > letter, be it paper or electronic, becomes my property the moment it
- > arrives in my mailbox. As such I can do whatever I want this it,
- > whenever I want.
-
- Your feeling doesn't match up with current U.S. law on the matter.
-
- > Is there some logic or reason behind this guideline?
-
- There is both logic and reason - and law - behind this guideline.
-
- Under U.S. law, if person A writes a letter to person B, then the
- following is true:
-
- - Person B now owns the _medium_ on which the letter was written (e.g.
- the paper).
-
- - Person A owns the _words_ (i.e. the copyright).
-
- Therefore, person B (the recipient) may keep the letter, or destroy it.
- S/he may NOT, however, republish the letter in a public forum without
- person A's permission. To do so is a violation of the author's
- copyright.
-
- This issue has come up in court a number of times... for example, when a
- set of letters written by a public figure are discovered in the files
- of the person to whom they were written. The courts have ruled that
- the recipient does NOT have the right to publish these letters in public
- without the permission of the author (or the author's estate).
-
- If the original author had _posted_ the letter in a public forum (e.g.
- USENET) then it's a fair use of the letter to quote or repost it in
- public. If the letter was transmitted privately, then it was the
- (implicit or explicit) decision of the author to keep the content of the
- message private, and the recipient does not have the legal right to
- override the author's decision without permission.
- --
- Dave Platt VOICE: (415) 813-8917
- Domain: dplatt@ntg.com UUCP: ...netcomsv!ntg!dplatt
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-