Legal Question in Intellectual Property in California

Private email

Is it illegal to publish, on an internet forum, an unsolicited email received from a private individual without his or her permission? If so, what is the penalty?


Asked on 5/05/05, 9:49 pm

1 Answer from Attorneys

Timothy J. Walton Internet Attorney

Re: Private email

Technically, the author of the email enjoys a natural copyright. However, in order to enforce the right, he or she must register the copyright. If the copying takes place before the registration, then only actual damages are available to the copyright owner. If the registration is done before the copying, then the copyright owner could get statutory damages and attorneys' fees.

Depending upon who wrote the email and what it says (and in what context), there may be other causes of action sounding in privacy, right of publicity, breach of contract, etc.

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Answered on 5/06/05, 7:32 am


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