[thelist] legalities of posting received emails on a website

[Bruce Wilbur]

Morgan Kelsey wrote:

> my client now wants to post this discussion on their website, without the
> consent of the spammer.
>
> does anyone know the legalities of posting the emails?
> will my client risk getting sued by the spammer?
>
> there was no "for your eyes only" footer, like some companies have.

Under US copyright law, everything anyone writes, including grocery lists and spam, is copyrighted from the moment of creation--the second the ink hits the page or the pixels light on the screen.  Notice of copyright is no longer required, nor is registration.  (The same applies for all media--pictures, movies, music, computer code, etc.)

Under US law, I hold copyright on these words here.  I choose release them into the public domain.  ;o)

Regsitering a copyright does *not* aid in enforcability, but it *does* change what you can sue for.  All copyright holders can sue to enforce their copyright.  Holders of unregistered copyrights can additionally sue for actual monetary damages they've incurred.  Holders of registered copyright can sue for actual *and* punitive damages.  (The "for your eyes only" footers are simply scare tactics designed to soothe the hearts of nervous executives.)

So, yes, every email you send or receive, including spam, is copyrighted material.  Even if it weren't, it would still be good manners to ask permission before republishing.  A prominent notice along side your e-mail address would probably suffice in lieu of individual inquiry.

As a practical, real-world matter...

1) Do we really need to be polite to spammers?
2) What are the chances of the spammer is going to invest the time and money to go beyond the sabre-rattling stage of the game?

My gut tells me the answer to both is a resounding "No!"

IMHO.

Yours,
B