On 3/31/98, Michael Cooney <mcooney[_at_]midcoast.com> wrote:
>
> AND, Peter ASKS:
>
> One question I've had for quite a while: who owns the copyright on
> correspondence? If I write you a letter, do you own the copyright? Or
> do I? Same question pertains to e-mail.
Copyright vests initially in the author of the work.
> How about letters to the editor? It seems that whoever owns the
> publication that prints the letters to the editor MUST own the copyright
> on those letters, otherwise they wouldn't print them. But how can that
> be? They didn't write the darn letters.
The periodical publisher would own any copyright in the periodical itself, i.e., the compilation of all the articles and letters and pictures and advertising contained in the periodical. The author of the letter would own the copyright to his individual letter. However, depending on the publication, the author is either expressly or impliedly permitting publication of his letter in the periodical. For example, in the LA Times, although there is no express language about a nonexclusive license, there is, in addition to any implicit consent to publish, an express consent to condense any letter that is published. However, in the absence of any express assignment of rights, the copyright to the letter would still be owned by the author.
> I'm writing a column for the local folk club's newsletter. I've only
> been doing it for six months or so, but I've already had this happen: I
> email someone & tell them I'm writing a column and request that they
> answer a question for me. They email me the answer. I print verbatim
> what they sent. They get pissed because I printed it. Huh?
I don't know what you say to the person when you ask the question, but what you describe is different from letters to the editor, and I can see how it might be unclear to the answerer that his answer will be published. Perhaps you should make it more clear to avoid the problem.
> This was on a very minor scale & was smoothed over quickly, but once
> again I wondered, what if this had been a big deal? And had gone to
> court. Who would have owned the copyright? Who would have won?
The e-mailed answer, to the extent that it contained copyrightable expression, would have a copyright owned by the author. For the answerer to go to court, he would have to register his answer with the US Copyright Office (assuming this all happened in the US). You would probably make an implied consent defense, perhaps a fair use defense, depending on the circumstances. Personally, I can't imagine anyone going to court over such an issue, nor can I imagine any judge taking the matter very seriously. As I said, if you want to publish what people say, you would be well-advised to tell them.
> I have pretty much reverted to paraphrasing people instead of quoting
> them. Safer that way, in the area of copyright anyway.
Not necessarily. :-)
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