Legal Question in Technology Law in Georgia

Copyright in Email

It is generally accepted that email is copyrighted if sent to only one person (though it comes with an implied license to copy from mail-server to hard drive). This is not the case with email sent as a post to the Usenet. Forwarding private email (and perhaps even Usenet and listserv posts) to anyone, no matter the number, would violate the copyright by exceeding the implied license.

While I am not aware of the specific facts here, I think it is safe to say that Fair Use is unlikely to avoid liability. Which Fair Use exception are you trying to rely upon?

Recipients may be in technical violation of the copyright, but they have a defense to liability given the nature of email and the impossibility of determining liability prior to violation. Further forwarding, however, would be a new violation of copyright and thus actionable.

If you would like to discuss the Fair Use exceptions (or any aspect of your post) further, please feel free to send me email.