Some time ago I sent an email to someone who I felt was acting recklessly in the way that they ran mushroom picking courses. The email was written in a casual style, since it was private, and expressed concern. That person published large extracts in a newsletter sent out by his company. He said he used to be a journalist and that doing so was legal.
Recently someone working for a charity published the content of a private messenge on a public forum that he runs. The message was sent, and received, on another forum, also run by a charity. The sender threatened legal action unless the recipient removed the offending message from his forum.
So, does anyone know the law on these things? Let's assume that neither communication had a footer along the lines of "The content of this message is private, and shall not be published blah blah blah".
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As with a letter the copyright of an email remains with the sender and cannot be published without the permission of the sender.
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I'm not sure a letter of the type Leif describes would be copyright, but even if it is, there is the legal concept of fair dealing.
Anyone can publish extracts of copyright material for the purpose of criticism and review.
This is what has happened here.
Leif says 'large extracts' have been published, and there have been arguments over how much can be used, but there is no dispute extracts can be used.
In any event, all Leif could get would be a small payment and possibly an undertaking by the person not to publish extracts again.
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>> Anyone can publish extracts of copyright material for the purpose of criticism and review.
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>> This is what has happened here.
No. What you refer to is the publishing of extracts of published material such as books, plays, films etc. The extracts should constitute a small part of the whole, and the oriignal material was intended for public consumption, albeit after tendering a sum of money.
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...No. What you refer to is the publishing of extracts of published material such as books, plays, films etc...
I was trying to cover the copyright point - even though I'm not sure it exists - in one post.
Once you have sent your letter, I cannot see what control you can have over it.
If the recipient wishes to show it to one person, several people, or publish it more widely, there is not a lot you can do.
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It doesn't matter what the legal status is, once it's published.
Just assume that anything you have ever written, to anybody, might one day be in the public domain, and then you will never be embarassed by revelations of things better not said.
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Nawt. Even the footer is really not worth much.
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...Even the footer is really not worth much...
That's what we were told as well.
Doesn't stop people using it.
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It's enough to put some people off. My view (FWIW) is that if someone sends me an e-mail, it's mine to what I want with really. Mine are not that interesting really though.
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...My view (FWIW) is that if someone sends me an e-mail, it's mine to what I want with really...
PU,
We don't agree on everything, but we agree on that.
I cannot see this guy has done anything legally wrong by publishing the letter.
He might have known it was not intended for publication and doing so would embarrass Leif, but ungentlemanly conduct is only an offence in football.
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As far as I know, letters, and hence emails, are written to a recipient. The recipient can do what they like with them, but anyone who intercepts it cant.
With any email, you have to consider its gone straight into the public domain.
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Thanks to all. As I expected from this forum, very informative.
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As diplomats and foreign offices around the world are now discovering, nothing is secure unless you say it directly to a trusted person, alone, in the middle of a field.
Even that is one too many for absolute security.
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I find it hard to believe that any diplomat would send an email that is NOT fully encrypted.
Obviously security is not considered important.
Last edited by: madf on Fri 17 Dec 10 at 12:36
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Legal status of private communications - CGNorwich
