Legal Question in Intellectual Property in California
Usage of personal e-mails for publishing in a book.
I am looking to publish a book containing e-mail conversations that place the other person in an unfavorable (yet truthful) light. I am stuck with the conundrum of needing to publish the e-mails verbatim in order to protect myself from accusations of misrepresentation, and the fact that e-mails are copyrighted works. Where does the line of fair use fall, if at all?
1 Answer from Attorneys
Copyright in an email belongs to the person who writes the email, not the recipient. Unless it was broadcast to a number of recipients, it would be considered a private communication and not intended for publication. Fair use does not apply to unpublished works.
Your real concern seems to be whether you are defaming the other person and whether your presentation of private facts would invade their privacy. From the way you ask the question, it seems clear you believe it would (on both counts). It probably would, even if you owned the copyright. If you are at the point of writing a book to be published, you should certainly consult an attorney who is familiar with intellectual property rights and rights of personality/identity. No publisher is going to buy a potential law suit.
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