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email
and news
This page is under development.
Email doesn't exist
in a copyright vacuum, although it's common for people to
forward messages and to incorporate (often without acknowledgement)
text from online publications. A handwritten letter is covered
by copyright. And so is a typewritten one. Generally, the
recipient of the letter owns the paper and ink. The author
(or employer, if it's written on their behalf) owns the
intellectual property in the letter. When you send the letter
you don't necessarily relinquish the copyright: you merely
give away the paper.
One effect has been that literary figures - cantankerous
or otherwise - such as TS Eliot, JD Salinger and Patrick
White could exert some control over biographers. As Iain
Hamilton recounts In Search Of J D Salinger (London,
Heinemann 88), the famously reclusive author stymied an
attempted biography by refusing permission to print his
letters or publish extensive quotes. Hamilton could read
the letters - in academic archives and private collections
- but not publish.
Copyright protection for old-fashioned letters is automatic
the moment the ink hits the paper. It doesn't depend on
the quality of the prose. What about email? No ink, no paper,
and recipients who often think nothing of forwarding to
others (and so on adfinitum) or having fun with cut-&-paste.
The federal Attorney-General indicated that the new Australian
copyright legislation, effective 5 March, provides protection
for email: online doesn't, to some people's surprise, equal
copyright free.
One response to the resultant brouhaha is both simple and
practical: indicate in your email if you don't wish it forwarded
or otherwise published. Some organisations and individuals,
particularly law firms, already include such statements
as a tail for every formal communication.
US lawyer Thomas Field highlighted some of the issues in
his 1999 article
for the Journal of Electronic Publishing.
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