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Wrong, e-mail *is* protectable by copyright, it just might not seem like it
since it's so casual and pervasive in society. There's not necessarily much
reason to have an e-mail actually registered with the Copyright Office
either, but that does not mean it's devoid of common law copyright
protection. The official designation of what deserves copyright protection
is as follows:

"original works of authorship fixed in any tangible medium of expression,
now known or later developed, from which they can be perceived, reproduced,
or otherwise communicated, either directly or with the aid of a machine or
device."

Furthermore, unpublished letters enjoy protection from "fair use copying",
which was based on Harper Row Publishers Inc. vs. Nation Enterprises in
1985, and cited in writer JD Salinger's suit against Random House.

Now, the big but in the situation is whether publically available e-mail
qualifies as "published" or not, or is still just private communication
meant for a limited audience. Even within those parameters, merely copying,
or "quoting", someone's e-mail within the same forum in which the orignal
message appeared probably does NOT constitute a significant copyright
violation, but reproduction of the message somewhere wholly outside that
forum without the original author's permission probably does. What "quoting"
more significantly becomes is a *major* etiquette issue.

- Michael
Intellectual Property Paralegal


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>From: Earnie & Barbara Knight <[log in to unmask]>
>To: [log in to unmask]
>Subject: Re: Try another tune please
>Date: Wed, Nov 17, 1999, 8:43 PM
>

> Sorry, Kathryn:
>
> Email is not considered private nor copyrighted. If you don't want it to be
> made public the best policy is "don't send  it."
>
> Barbara
>
>
> At 09:58 PM 11/17/99 -0700, you wrote:
>>janet paterson wrote:
>>> At 16:10 1999/11/16 -0700, kathrynne wrote, in part:
>>> >I trust you asked for and received Martha's permission to
>>> >'share' her private e-mail to you. If so, that's fine.
>>
>>> there is no privacy in cyberspace and
>>> no 'laws' governing behaviour
>>
>>In the United States, the 1978 Copyright Law provides that an individual
>>holds copyright to written material, whether copyright has been applied
>>for or not. Thus, it is not 'sharing' but a copyright infringement to
>>reproduce that person's written material without permission. This
>>applies to all text, including letters and e-mail posts. Canadian
>>copyright laws may differ, however.
>>
>>Best,
>>Kathrynne
>>
>>