[matilda] Re-posting emails

[Anthony McCann]

Steve wrote: <PS there is nothing wrong with publishing so called private emails unless BOTH sender and reciever have agreed not to, beforehand. However this doesn't mean it is necessarily the best thing to do.>

No, this is misleading (wrong, actually). Someone, if they wish/have the energy/have the money, can follow you up for breach of copyright (and/or moral right) if you republish an email they have written, whether written to you in private or to many in public. If published, and then challenged, the legal onus falls on the person who reposted to show agreement to permit re-publication. To be honest, it's usually not worth the hassle of following it up if someone republishes an email of yours, but thanks to copyright legislation you can do it if you want.
 
To be correct, the above line would read: "It is (potentially) a breach of copyright law to publish private emails unless the sender has agreed to let you do so".
 
It remains good practice (because it shows respect as well as meaning you will be covered legally), to ask permission before republishing someone else's email communication. Permission/agreement needs to be explicit for legal action to *not* be a possibility. If there is no explicit agreement, then it remains potentially illegal. Often the circumstances are such that it seems not to be an issue (one could argue 'convention' for the republication of accurately attributed excerpts in an email list, for example, as above), but if what has been republished is in the least bit contentious (for example, an email that was clearly intended solely for private reading) you would be skating on thin ice. 
 
According to the principles of copyright law (whatever you might think of them), we retain copyright in anything we write, unless or until otherwise arranged, and that includes emails.
 
I am not a lawyer, so the above does not constitute legal advice. If you ever want legal advice, consult a lawyer.
 
All the best,
 
Anthony McCann (a long time critic of copyright law)
http://www.beyondthecommons.org
 
 

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