Re: letter to the mayor

On 10/22/98, Steven Melamut <melamut[_at_]email.unc.edu> wrote:
>
> A student has asked me if mailing a letter to the mayor in the mayor's
> professional personna means that the letter becomes a public document
> and can be reproduced without her permission.
>
> I think that Salinger said that personnel corresponadance was clearly
> copyrighted by the author and could only be reproduced if it fell under
> the auspices of fair use.
>
> Let us say the letter concerned poor garbage collection. It seems to me
> that there is no problem with the mayor copying it and sending it on to
> the official in charge of that area. I do think it might be a problem if
> the mayor forwarded the letter to the local press.
>
> It would seem to be the same case if the letter concerned a neighbor
> dealing in drugs. The mayor might copy the letter to the police chief
> but not to the neighbor.
>
> I think any analysis must be done under the auspices of fair use. At no
> time do the letters become a public document. If a government employees
> correspondance remains their own property (Folsom), I don't see how a
> letter to an official could transform itself into a public document.
>
> Any comment?

Just one comment: The physical letter becomes the mayor's property. If, in your drug dealing neighbor hypo, the mayor wishes to give the letter to the neighbor, or even show him the letter in a limited non-public manner, there would be no copyright infringement.

Morgan Malino
KEAN, MILLER, HAWTHORNE,
D'ARMOND, MCCOWAN & JARMAN, L.L.P.
P.O. Box 3513
Baton Rouge, LA 70821

The contents of this messge is not intended to be legal advice. These views expressed herein are not necessary those of my employer, etc., etc. Received on Fri Oct 23 1998 - 14:49:03 GMT