Legal Question in Technology Law in California

Are private e-mails protected by copyright

I am a writer and have had a falling out with an editor. He is treatening publish our private e-mail correspondance in his magazine. Is this legal? He is also treateneing to publish e-mails that he has obtained between me and other parties. Does this violate any laws? In he in violation of copyright laws if publishes any of this without my permission.

Thank you.


Asked on 9/01/99, 11:55 am

1 Answer from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

Re: Are private e-mails protected by copyright

This is an interesting question, although the answer would be clear as to written letters and I see no reason to believe it would be any different for emails.

The content of a written letter is your intellectual property and you can block its publication (assuming it was intended to be private when it was sent). The original, physical letter belongs to the recipient, who can sell it, burn it or do anything else they want with it. Think of it as if you owned the original manuscript of a book. You own the paper, but that doesn't give you the right to publish it without the permission of the copyright holder.

Write to this other person and tell him you will sue for copyright violation if he publishes these letters.

By the way, how damaging would such publication be to you? Are you well known? Would your career suffer if these messages were published?

You might want a lawyer to represent you if there is a lot at stake. Feel free to call me at (310) 575-3540 if you want to discuss this matter.

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Answered on 9/02/99, 4:23 pm


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