[net.legal] Personal letters copyright and other protection

wa263@sdcc12.UUCP (bookmark) (08/13/85)

<- bug snack

	It was several weeks ago that someone asked about copyright
protection of private correspondence.  The answer (in part) is that
Title 17 of the U.S. Code (the copyright law) doesn't treat correspondence
separately, but it appears to (non-lawyer) me that correspondence is
covered like any other original work by the general provisions of the
law.  That is, as soon as you've written your letter down on paper (fixed
it in tangible form), you own a copyright to it.  If you then send it
to someone without specifically authorizing republication, the recipient
has no authority to make copies (other than for personal (i.e. file) use).
They can, however, show it to their friends.  They could quote it in a
book (fair use), but couldn't reproduce it in whole, especially if it
was the reason that people would want to buy the book.  If you don't put
a copyright notice on the letter, then the defendant could argue (not
necessarily with success) that he had a good reason to think that reproduction
was authorized, like if you said ``show this to our friends'' in the letter.
If you don't register the copyright with the Library of Congress, then you
can only sue to stop further publication and recover limited damages, but
you can't ask for punitive damages.  I think that anybody who routinely
files a form-TX on their private letters is nuts.

	In the State of California, Section 618 of the California Penal Code
specifically protects the contents of ``sealed'' private correspondence.
It felonious to open and read, or publish, the contents of sealed private
letters, unless you are the intended recipient (or authorized by him).
Sealed is not well defined.  This section clearly does not make it criminal
to read open correspondence, like the back of a postcard left lying around.
Yet it might, if the DA pursued it just right, make it criminal to publish
private correspondence purloined after the seal on the original envelope had
been broken by the lawful recipient.  In this case, the ``seal'' would be
presumed from the behaviour of the owner, like folding it up and tucking it
under his socks in the bottom drawer.

	A civil suit for invasion of privacy would lie if you publish
someone's letter without permission and it embarrasses him or her.
It is criminal blackmail to threaten to publish an embarrassing or
incriminating letter unless paid (money, favors, etc).

	It is a violation of the postal service laws to intercept a
letter on its way, such as by removing it from a mailbox before the
addressee can pick it up.  Indeed, the postal service treats sealed
first-class mail as private property; Postal Regulations require a
search warrant to open such mail.  (Despite the unambiguous language
of this regulation, postal authorities routinely ``lend'' mail to police
authorities without warrants.  The police presumably open the mail, but
they are careful to reseal it before giving it back to the post office.
The rationalization employed by the postal service that *they* haven't
opened the mail and ``don't know'' that the police have is clearly
unethical, improper, and wicked.)

	Yeah, well, that's about it for now.  I can produce some
references to the Copyright statute and the Postal Manual if anybody
cares-- I left my notebook home today and can't remember the numbers.


					bookmark@sdcsvax

bhayes@Glacier.ARPA (Barry Hayes) (08/14/85)

I believe that it does not require a warrant for a law-enforcement
agency to look at mail and record return addresses and such.