On Wed, Apr 30, 2003 at 09:15:18PM -0500, David Phillips wrote: > A public performance is likely different than a written work. My guess is > that the content would be copyrighted, while the performance would not be. > I believe that the person who shot the video would hold the copyright on the > video. Of course, that doesn't mean you can video tape a copyrighted movie > and claim it as your own. The email was sent to a public list, with no expectations of privacy. The person sending the email published it by clicking the send button -- not only to the list, but to the archives as well. > I'm not aware of any legal precedent that gives implicit consent for a > message to be used in this manner. Even if this were true, it is > conceivable that the consent could be revoked later. I've heard of a few cases like this, and none of them made it to court. > This is different from a printed book. A book is copied once when it is > printed. A web archive is copied everytime it is accessed. Not necessarily, an e-book is not copied every time it's read, and the owner maintains the copyright. > Again, this is a completely different issue. Having a copy of something and > copying / publishing something are very different. You need to understand > that distinction. By sending the message to the list they caused the message to be copied to every person on the list, and into the archives. Nobody infringed in their rights, they knowingly made the decision to do it. > That is irrelevant to this discussion. You need to answer the question: > What right do you have to publish someone's copyrighted work (in this case, > a message)? Read above, nobody but the original author caused thair material to be published to the list, or the archives. This is why every magazine with a 'user feedback' section clearly states that 'all letters sent to <magazine> become the sole property of <magazine company>', you cannot say 'hey, i changed my mind, it was stupid to say that' then try to retroactively have every copy of that magazine changed. I won't reply to anymore messages in this thread on-list. -- Matthew S. Hallacy FUBAR, LART, BOFH Certified http://www.poptix.net GPG public key 0x01938203 _______________________________________________ TCLUG Mailing List - Minneapolis/St. Paul, Minnesota http://www.mn-linux.org tclug-list at mn-linux.org https://mailman.real-time.com/mailman/listinfo/tclug-list