TMG-L Archives

Archiver > TMG > 2010-02 > 1265751222


From: "DeAnna Burghart" <>
Subject: Re: [TMG] Saving E-Mails
Date: Tue, 9 Feb 2010 13:33:42 -0800
References: <9779.6b06f9f0.38a1990d@aol.com> <006801caa8f4$e12dc440$f19fe204@Notebook> <005401caa997$58e2e0e0$0aa8a2a0$@net> <4B719FEB.70106@sprynet.com><005a01caa9b9$9d448dc0$d7cda940$@net>
In-Reply-To: <005a01caa9b9$9d448dc0$d7cda940$@net>


The root problem here is that copyright law -- old and hoary as it is -- has
not kept pace with modern advances. Combine that with some onerous
restrictions and extensions (Anything I write for my employer today is
automatically under copyright until 2106!) and the RIAA's (in my opinion)
overzealous prosecution of minor infringements, and the entire world has
gone copyright mad. I've actually had people tell me, straight-faced, that
making a single photocopy of a knitting pattern from a book in the library
for personal use violates copyright because I didn't buy the book. Another
brief correspondent refused my offer to forward a copy of a pension file
that would have profoundly assisted their research because they didn't want
to violate any copyright by receiving the materials (and then suspended all
contact). @_@

Technically, forwarding an email without express permission is a violation
of copyright in that the creative work has been distributed without the
author's permission. Practically speaking, unless there is an explicit
copyright notice and registration associated with the email (which, I think,
can be registered up to 3 months after the original work is created), the
maximum penalty is an award of actual damages and revenues from the
violating action. Obviously, there are none when an email is forwarded
gratis among private parties, so it's truly a victimless crime. I doubt case
law will ever be established, because it's doubtful any court would hear
such a case. In the exceedingly unlikely event that they did, there's a
clear chilling effect on commercial interests which would weigh heavily
toward allowing uninhibited non-commercial action. So while Darrell is right
and it's "technically" illegal, I'd argue that it's a technicality that's
barely worth acknowledging, let alone worrying about.

That said, if you were to post the same email on your revenue-earning
website, that'd be a whole different kettle of fish.

A reasonable out: copyright does not protect facts or ideas, merely any
unique, creative expression or arrangement of them. So if someone sends you
an email quoting the US census entry, and nothing else, you do absolutely
*no* wrong by forwarding that email, even in its entirety. (I agree that
it's courtesy, though not a legal requirement, to redact email addresses
until you've established permission, but that comes very close to publically
available information.)


~~~~~~~~~~~~~~~~~~~~~~
DeAnna Burghart
TMG Shortcuts, Variables and Report Cheat Sheets (Word and PDF)
http://www.rootsandthreads.com/tmg/



This thread: