[net.legal] Copyright protection of netmail and netnews

wa263@sdcc12.UUCP (bookmark) (08/23/85)

<- bug snack

	This article is a somewhat modified version of a letter that
I sent in reply to an inquiry from another net user about the article
that I posted earlier concerning the copyright a writer holds on a personal
letter, or any correspondence.  I was asked what I knew about copyrights
to net mail or netnews articles.  So herebelow are my speculations on the
subject.

This article copyright (c) 1985 by Mark Seecof, all rights reserved.
Non-exclusive permission is hereby granted to all USENET and ARPAnet
sites and users to reproduce this article in whole or in part for the
purpose of free distribution to others, provided that the copyright
notice above and this notice are included in any reproduction, and that
no portion of this article is reproduced for profit without the 
specific written permission of Mark Seecof.

			_____________________

	I really don't know the answer to that (whether email or netnews
is copyright protected).  Personally I suspect that nobody knows the
answer.  I haven't heard about any litigation on the subject, and the
last revision to the U.S. copyright law that concerned computers was to
clarify copyright protection of software (it said that copyrights are good
even if the software is in ROM and even if it controls hardware at a low
level, i.e. even microcode can be copyrighted.  However, the lawful owner
of a copy of software has the right to make backup copies for his own use,
or put multiple copies on a disk, etc. but not to sell these unless he
sells the whole shebang, original copy and all derivatives).

	I think that one could make a strong claim to an email copyright.
After all, it's text in tangible form, and by sending it to one or a few
people you are not placing it in the public domain.  The fact that several
copies of the message may be generated while it passes through the net is
not a problem; copyrights survive (for instance) passing through the
multiple hands and teletypes of the Western Union telegraph service.  Of
course, we won't REALLY know until somebody sues over a violation and we
see if the courts agree with my interpretation.  (I am quite sure that
the federal wiretap statute covers interception of the letter en route,
though.)

	Copyright over netnews articles is a murkier prospect.  I think
that one could make a claim to have retained all rights to publication
in other forums.  For instance, an author can sell ``first North American
serial rights'' for a novel to some magazine while retaining exclusive
rights to book publication.  I think posting to the net certainly
grants all net sites a non-exclusive right to reproduce the article, and
share it with users and other sites; but it doesn't necessarily place
the article in the public domain.  I suspect that the proper inclusion of
a copyright notice might be crucial to sustaining a suit on these
premises.  (A proper copyright notice is one with the word ``copyright''
or the abbreviation ``copr.'' or the c-in-a-circle mark, the year date,
and the name of the copyright holder.  Other abbreviations aren't good
enough.  The validity of (c) substituting for a c-in-a-circle hasn't been
tested TO MY KNOWLEDGE--but it's only needed for the various international
copyright coventions, anyway.  If the thing's going to South America, it
ought to have ``All rights reserved'' on it too.)  One could certainly
put a special notice of rights granted in the text.  For instance, you could
grant to all the right to reproduce the text only if they distributed it
for free and kept your copyright notice in the text.  Then you would retain
the rights to reproduction for profit.

	I'm pretty sure that it is a copyright offense to take someone's
copyright work and post it to the net without permission.  Of course, the
``fair use'' exception holds... it's okay to quote or summarize, or (a
slightly different case) use a copy for research (ie. type a book into a
computer so that you can count the syllables and number of female-gender
pronouns).

These are my opinions and and speculations on the subject, but again--
I don't have any specific ``real'' (based on statute or case law) answers.
I do believe that these questions will eventually come up in the courts.
A side question that I think has real implications:  what duty do computer
owners have to maintain the privacy of text stored on or passing through
their system?  Are outfits like MCI mail common carriers like
Western Union?  How about Compuserve?  How about a net site that handles
mail for free, but without specially disclaiming the net-traffic's
expectation of privacy?

Note:  It's not a defense to a copyright infringement suit that the
text in question has been altered or translated.  Ownership of a work
isn't lost in translation.  So it's no more lawful to distribute
Huffman-coded copies of ``The Hunt for Red October'' than straight ones.


					bookmark