Re: letter to the mayor

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?

I think that you are applying the incorrect analysis. It seems to me that fair use/copyright is not the issue, but freedom of information. If, for example, under a state's right to know laws, a request was made for documents of complaint, then the mayor would not be shielded by the copyright laws. Most states' laws have specific shields for personnel information, personal information (e.g., home addresses of public employees) or student information. Complaints about garbage simply don't fall within any of those exceptions.

I would recomend that your student research your state's public information or freedom of information law.

Regards,

Margaret-Ann F. Howie
Baltimore County Public Schools
<mhowie[_at_]bcpl.net> Received on Fri Oct 23 1998 - 15:11:55 GMT