From: whs70@dancer.cc.bellcore.com (sohl,william h)
Subject: Re: Author's rights over use of his letters?
Organization: Bellcore, Livingston, NJ
Distribution: na
Date: Thu, 12 Nov 92 15:45:20 GMT
Keywords: copyright letter protection Have a nice day!


I'll state up front, I'm not a legal student or scholar, but having read this
newsgrouop for several years, here's my understanding of your
questions relative to copyright, etc.

In article <1ds9k9INNos2@MINERVA.CIS.YALE.EDU> starr-daniel@yale.edu (Daniel Starr) writes:
>If I write a letter to someone, what rights do I retain over its use?
>Do I have the rights, for example, to 
>a) prevent him from distributing it for profit?

Yes, the copyright of the words you wrote is still yours.

>b) prevent him from distributing it at all?

Depends on "how" he distributed it.  I'd think your copyright would
be a legal way to prevent him making copies for any multiple type
of simultaneous distribution, BUT I don't think there's anything
you can do to prevent him from distributing your letter (i.e. passing
it around) on a person to person basis.  The physical letter is his
to do with as he pleases once he receives it.

Another consideration is the reality of your copyright rights vs.
what can actually happen.  For example, you can tell someone you
don't want your letter copied, but if that person walks up to a
copier and makes 100 copies and then hands them out, what recourse do
you really have?  Sure you could file suit for copyright infringement,
but that's not done without significant inconvenience and probably
cost to you.  So, there's not much in a legal sense that I think
you have on your side to prevent that from happening, or to
counter it once it did happen.

>c) prevent him from forwarding it to someone else?

No, see last part of answer to question "b".  The letter is his
personal property once you sent it to him.  He can keep it, destroy
it, give it away, sell it.

>d) prevent him from quoting me?

Probably not, it would depend on how much of the letter was quoted and
unless it was a very lengthy letter, I'd expect that the "fair use"
exceptions of the copyright laws would cover any partial quoting
that wasn't of substantial length.

>e) demand compensation for profit he makes clearly dependent upon information
>I gave him?

I can't see how providing anyone (by letter, speech, etc.) information that
enables the recipient to profit by that information creates any
dept to the information provider.  This assumes the information was
simply offered without any express agreement that the information was for
a fee/price.

>(Some, none, all of the above?  And does it make a difference if I send
>it by US mail, hand-deliver it to him, or send it by private carrier?)

I don't think the type of delivery makes any difference.

OK, I'll leave it to the lawyer students and real lawyers and anyone else
to add to or correct any misconceptions I may have in my answers.

Standard Disclaimer- Any opinions, etc. are mine and NOT my employer's.
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Newsgroups: misc.legal