Letters To The Editor (Was: multi-topic)

From: Bernard Katz <bkatz[_at_]uoguelph.ca>
Date: Sat, 4 Apr 1998 19:00:35 -0500 (EST)

On Thu, 2 Apr 1998, Emil Pellicer <epellicer[_at_]colby-monet.com> wrote:
>
> As a rule of thumb, personal letters and correspondence (including
> e-mail) are protected by copyright (if they fit the criteria for being
> protected). By sending the letter to another you are giving that
> person an implicit license to use the correspondence. Usually, this
> implicit license will comprise all the usual things people do with
> correspondence. Unfortunately for you, printing or publishing the
> letters does not form part of this implicit license to use. You
> therefore need an explicit license to print or publish the letters.
> In layperson's language you have to make it clear to the person whose
> letter you want to publish that you will (or may) be printing his or
> her letter. Although a verbal agreement concerning this is alright (at
> least in Canada since copyright is not being transfered) to protect
> yourself it is always better to get soemthing in writing.
>
> Nevertheless, an argument could be made that by sending unsolicited mail
> to a newspaper, newsletter etc. the author of the letter is granting an
> implicit license to print or publish.

I agree with Emil Pencier's comments. Sending a letter to the editor of a journal, magazine or newspaper is clearly meant for publication - unless the writer states otherwise in the letter. Many newspapers also require a telephone no. in order to verify the letter writer's i.d. and intent. But it is only first serial publication rights that are being given, and no assignment of other rights takes place, since no written assignment has been made. Despite this important point, some newspapers, such as the Globe and Mail, publish a bit of clap-trap on their editorial pages that states: if we publish your letter then by virtue of that act you agree that the copyright belongs to us entirely - but we give you the right to do anything you want with your letter! This is an attempt to avoid having to obtain permission to issue the letter as part of the paper's e-version, as well as doing the microfilming, and even a possible book drawing from years of letters to the editor (the G&M actually did such a book). I wrote a letter to the editor of the Globe & Mail years ago pointing out all of this, but neither received a reply, nor was it published! :-)

Cheers,

Bernard Katz, Head, Special Collections and Library Development

	      McLaughlin Library, University of Guelph Library, Guelph, ON
	  and Chair, Ontario Library Association Copyright Task Force

bkatz[_at_]uoguelph.ca // (519) 824-4120 X2089 // FAX: (519) 824-6931 Received on Sun Apr 05 1998 - 00:00:43 GMT