Legal Question in Intellectual Property in North Carolina

Republishing

I want to republish some letters that appear in our daily newspaper. I want to reply to them on my Web page and I want to let others make comments about them. My question is whether ''Leters to the Editor'' fall into the public domain or who owns the copyright -- the newspaper or the original letter writer?

Is this idea fraught with problems?

Thanks,

--name removed---name removed--

--name removed--attribution.net

www.attribution.net


Asked on 2/24/04, 11:50 am

1 Answer from Attorneys

Owen Smigelski Smigelski & Savari

Re: Republishing

A work passes into the public domain when the copyright term has expired, the author has failed to satisfy statutory formalities to perfect the copyright, or the work is a work of the US government.

It is likely that your local newspaper retains the copyright for everything printed in it, including the letters to the editor. Reprinting the entire letter on your website would not be advisable. Reprinting parts of works for review purposes does fall under "fair use," but that does not include reprinting entire letters. You can reprint letters with permission, or summarize certain areas you'd like to critique... but I would stay away from reprinting entire letters without permission.

Owen

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Answered on 2/24/04, 1:01 pm


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