[thelist] legalities of posting received emails on a website

[Kelly Hallman]

On Mon, 18 Nov 2002, Madhu Menon wrote:

> At 12:31 AM 18-11-02, Merlene Paynter Blacha wrote:
> >My understanding of postal mail is that once the mail is put into the
> >post the recipient of that letter is the "owner" of it legally.
>
> That statement shocks me. My understanding of copyright is that unless it
> is explicitly transferred, it lies with the original creator.

Hi, I'm another person who is not a lawyer, but the above is also my
understanding of the issue.  I'd figure most courts would find that by
emailing someone (especially in a hostile exchange) you are implicitly
foregoing any copyright claim you might have.

In fact, I question whether copyright even applies here (and I was
surprised it was brought up).  Again, I'm no lawyer but copyright law
exists to protect "creative works" (as I understand copyright) and I think
even a saavy attorney would be hard pressed to call an email such a thing.

> >Would this not be the same for email? Once it's received does not the
> >recipient then "own" the message?
>
> I would certainly hope not.

Again, not sure that 'ownership' really applies, but I would think the
recipient would have a right to reproduce it.

At any rate, I don't think the mere action of posting the emails exposes
you to legal liability.  I'd post it and wait until I saw a letter on a
legal firm's stationary before I'd even consider changing stance.

--
Kelly Hallman
http://wrack.org/