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Archiver > APG > 1999-04 > 0924009125


From: Christine Crawford-Oppenheimer <>
Subject: Re: Are e-mail messages copyrighted?
Date: Tue, 13 Apr 1999 09:12:05 -0400


At 02:25 PM 4/12/99 -0700, Joan Lowrey wrote:
>There seem to be different opinions as to whether e-mail messages are
>public domain or copyrighted.
>
>What is everyone's opinion? Can anyone cite anything in copyright law to
>support their opinion?
>

My first observation in response to this question is that copyright is not a
matter of taking an opinion poll; it's law! However, yes, electronic mail
messages are covered by copyright. I'll refer people who are interested to
two web sites:

http://www.templetons.com/brad/copymyths.html
"10 Big Myths About Copyright Explained"

To avoid possible copyright violations :-), I'll quote only a small portion
of question 3:

3) "If it's posted to Usenet it's in the public domain."
False. Nothing modern is in the public domain anymore unless the owner
explicitly puts it in the public domain(*). Explicitly, as in you have a
note from the author/owner saying, "I grant this to the public domain."
Those exact words or words very much like them.

The person who posted this web site is not a lawyer, but has consulted a
lawyer about the site, and his lawyer has a link from his (the lawyer's)
site to the 10 Myths site which suggests that the lawyer thinks it's correct.

The other site is The Copyright Website:

http://www.benedict.com/

This has some convoluted discussion of copyright of posts to news groups,
but makes the point that copyright protects the expression of an idea.
(i.e., in any format, whether it is a book, magazine article, or e-mail).

I'm going to a workshp next week on Copyright in the Electronic Age, and
will try to get a more exact and legal citation relating to copyright
protection of e-mail.

Christine

************************************************************************
Christine Crawford-Oppenheimer
Manager, Archival and Bibliographic Services /\___/\
(Regional Archivist) | . . |
Southeastern NY Library Resources Council (__>^<__)
PO Box 879, 220 Route 299 ( ) /~
Highland, NY 12528 ( ) /
(914) 691-2734 fax (914) 691-6987 (_)_____(_)

If one were to cross man with the cat, it would vastly benefit man, but
deteriorate the cat. --Mark Twain
************************************************************************

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