[Paddlewise] forwarded mail w/o permission = copyright infringement

On 11/2/98 18:08PM, Ira Adams at iadams_at_earthlink.net wrote:
>
>I think that, regardless of the etiquette, it's awfully naive to expect 
>information not to be shared by the recipients once it has been posted to 
>a mailing list. 

Regardless of whether you think it's naive or not, forwarding a posting 
as written and without permission does constitute a copyright 
infringment, according to US Law.  For further documentation, please see

"C" RIghts in "E" Mail by Ivan Hoffman, B.A., J.D. at this url:

http://home.earthlink.net/~ivanlove/rights.html

I quote him on the issues relevant to this discussion:

"Thus, the moment the writer creates the email a copyright begins. And the
United States statute provides the following rights to literary works, 
which
includes e-mail:" The rights are listed at the above URL.

Furthermore, Hoffman states, "It is no longer required that there be 
affixed to the writing any copyright notice at all. And the fact that the 
email is 'published' to another person,
to a group of people, on a listserve, news group or otherwise does not 
make the email available for reposting, copying, or other use--not 
without the express and written consent of the writer."

I also offer some disclaimers that appear on postings from a couple of 
other mailing lists that immediately come to my mind.
------------------------------------------------------
1) Envwrite (mailing list for environmental writers)

** All Envwrite messages are copyrighted and may not be
reproduced without the express permission of the author.
------------------------------------------------------
2) W-Med (wilderness emergency medicine mailing list)

**Do not reproduce without author's express permission.
To unsubscribe, send the text "unsubscribe wilderness-emergency-medicine"
------------------------------------------------------

Please check out my citation for more in-depth analysis of this issue, 
but re-iterating, JULIO IS 100% CORRECT...you need someone's permission 
before you re-post an email message.  It only takes a few seconds to fire 
off a private email asking permission to re-post a message and it's only 
common courtesy.

-------------------------------------------------------------------
                    Neil Harrison-Houston, Texas
          email: nil_at_nol.net   (_at_ _at_)  web: www.nol.net/~nil/   
----------------------------ooO~(_)~Ooo----------------------------
                      100% recycled electrons

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