Legal Question in Intellectual Property in Wisconsin

Copyright of Letter to the Editor

I wrote a Letter to the Editor of a local newspaper that was in response to a negative article they had printed regarding a candidate I supported and whose campaign I worked on. I asked specifically to allow me to edit it if they felt they could not go over their word limit. Rather than printing my letter in its entirety, they took portions of it, out of context, and essentially inserted them into their original article and reprinted that. I did not give my permission for my letter or statements to be used in this fashion. Is this copyright infringement? What can I do about it (to them)?


Asked on 4/17/02, 8:20 pm

2 Answers from Attorneys

Bruce Burdick Burdick Law Firm

Re: Copyright of Letter to the Editor

My suggestion is a short second letter to the Editor setting the record straight without being too critical of the paper. That way your correction might get published unedited. Who cares if it is copyright infringement since the damages would, at best, be minimal and certainly less than the cost of a copyright infringement suit. Polite correction not threat of legal action, which you aren't going to take anyway, is generally more likely to get a favorable response from the editor.

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Answered on 4/18/02, 3:42 am

Re: Copyright of Letter to the Editor

I suggest that you look at the small print/disclaimer language on the letters page. Most newspapers publish some language to the effect that letters submitted become the property of the publication, or at the least the submission means that the author has granted a limited license to edit and publish the submission. By sending in the letter, you have agreed to these terms and conditions, and thus would have no recourse under the copyright law.

If you feel very strongly, you can send in a letter requesting a clarification of you first submission, but beware. This letter too is subject to the same terms and conditions as the first letter. It can be edited and reprinted. Sometimes the best thing to do is just leave well enough alone.

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Answered on 4/18/02, 9:11 am


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