First, the email that got this started was from June 9th, it is not a new additional email. Around that time I sent and email to the Electronic Frontier Foundation which is specifically into similar issues: Electronic Frontier Foundation I apologize, but I sat on their reply for a couple weeks. There are links for anyone having the time and inclination. Because they specialize in this area, it is likely that the links are to current law. I think a major point is that everyone on the forum was aware that it is expected that people will reply, and the original post will be repeated. Additionally, I'm pretty sure Mr. Shortt replied to many posts, and thus reposted others material. Ken ----- Forwarded Message ----- From: "info@eff.org" <info@eff.org> To: kgreen@averillandgreen.com Sent: Tuesday, June 14, 2016 3:44 PM Subject: Re: [#HL-V7138] Copyright ownership of posts to Internet Forum??? Hi Kenneth, Thanks for writing to us! You may find the following links helpful: http://www.dmlp.org/legal-guide/risks-associated-publication http://www.dmlp.org/legal-guide/protecting-yourself-against-copyright-claims... http://fairuse.stanford.edu/overview/website-permissions/transferring-inform... Additionally, you may want to look into fair use of copyrighted material as well. Here are some resources: https://www.eff.org/issues/bloggers/legal/liability/IP http://www.dmlp.org/legal-guide/fair-use http://fairuse.stanford.edu/overview/fair-use/four-factors/#educational_fair... http://www.copyright.gov/fls/fl102.html http://www.teachingcopyright.org/handout/fair-use-faq Hope this helps! Best, Electronic Frontier Foundation (415) 436-9333 info@eff.org Become a Member! https://www.eff.org/support On Thu, 09 Jun 2016, kgreen@averillandgreen.com wrote:
Hi, I do patent and trademark prosecution, very little copyright work, and no litigation. I am on a car related Internet forum, and a problem has developed due to a member who recently became president of a national organization, the Pantera Owners Club of America (POCA), and has become a bit of a tyrant. He had made some pretty bad posts in the past years, some fairly racist, and has asserted that his old posts are protected by an implied copyright and that reposting or forwarding them infringes his copyrights, and has threatened legal action. He has similarly emailed members of the forum with pretty raunchy language, and demanded that his emails are not posted. The forum is non-profit and the manager is not paid for his effort, no member fees, and had not even allowed us to compensate him for costs he has incurred for maintaining the forum. I don't think the manager monitors posts, and they are immediately posted. He just provides the medium for communication. Can you please point me to the current law regarding ownership of private email, posts to internet forums and/or bulletin boards? I am not getting paid anything for this and am just trying to help the guy who is managing the internet forum. Thank you, Kenneth L. Green Attorney At Law AVERILL & GREEN 14831 Whittier Blvd.Suite 206 Whittier, CA 90605 (562) 698-8039 (voice) (562) 693-5243 (FAX) CONFIDENTIALITY This e-mail and its attachments are confidential and may be protected by the attorney-client privilege, attorney work product doctrine, or other nondisclosure protection. If you believe that it has been sent to you in error, you may not read, disclose, print, copy, store, or disseminate the e-mail or any attachments or the information in them. Please kindly reply to the sender that you have received the message in error, and then delete it. Thank you.
Hi, I do patent and trademark prosecution, very little copyright work, and no litigation. I am on a car related Internet forum, and a problem has developed due to a member who recently became president of a national organization, the Pantera Owners Club of America (POCA), and has become a bit of a tyrant. He had made some pretty bad posts in the past years, some fairly racist, and has asserted that his old posts are protected by an implied copyright and that reposting or forwarding them infringes his copyrights, and has threatened legal action. He has similarly emailed members of the forum with pretty raunchy language, and demanded that his emails are not posted. The forum is non-profit and the manager is not paid for his effort, no member fees, and had not even allowed us to compensate him for costs he has incurred for maintaining the forum. I don't think the manager monitors posts, and they are immediately
He just provides the medium for communication. Can you please
to the current law regarding ownership of private email, posts to internet forums and/or bulletin boards? I am not getting paid anything for
and am just trying to help the guy who is managing the internet forum. Thank you, Kenneth L. Green Attorney At Law AVERILL & GREEN 14831 Whittier Blvd.Suite 206 Whittier, CA 90605 (562) 698-8039 (voice) (562) 693-5243 (FAX) CONFIDENTIALITY This e-mail and its attachments are confidential and may be protected by the attorney-client privilege, attorney work
doctrine, or other nondisclosure protection. If you believe that it has been sent to you in error, you may not read, disclose, print, copy, store, or disseminate the e-mail or any attachments or the information in
First, the email that got this started was from June 9th, it is not a new additional email. Around that time I sent and email to the Electronic Frontier Foundation which is specifically into similar issues: [1]Electronic Frontier Foundation I apologize, but I sat on their reply for a couple weeks. There are links for anyone having the time and inclination. Because they specialize in this area, it is likely that the links are to current law. I think a major point is that everyone on the forum was aware that it is expected that people will reply, and the original post will be repeated. Additionally, I'm pretty sure Mr. Shortt replied to many posts, and thus reposted others material. Ken ----- Forwarded Message ----- From: "info@eff.org" <info@eff.org> To: kgreen@averillandgreen.com Sent: Tuesday, June 14, 2016 3:44 PM Subject: Re: [#HL-V7138] Copyright ownership of posts to Internet Forum??? Hi Kenneth, Thanks for writing to us! You may find the following links helpful: [2]http://www.dmlp.org/legal-guide/risks-associated-publication [3]http://www.dmlp.org/legal-guide/protecting-yourself-against-copyrigh t-claims-based-user-content [4]http://fairuse.stanford.edu/overview/website-permissions/transferrin g-information/ Additionally, you may want to look into fair use of copyrighted material as well. Here are some resources: [5]https://www.eff.org/issues/bloggers/legal/liability/IP [6]http://www.dmlp.org/legal-guide/fair-use [7]http://fairuse.stanford.edu/overview/fair-use/four-factors/#educatio nal_fair_use_guidelines [8]http://www.copyright.gov/fls/fl102.html [9]http://www.teachingcopyright.org/handout/fair-use-faq Hope this helps! Best, Electronic Frontier Foundation (415) 436-9333 [10]info@eff.org Become a Member! [11]https://www.eff.org/support On Thu, 09 Jun 2016, [12]kgreen@averillandgreen.com wrote: posted. point me this product them.
Please kindly reply to the sender that you have received the message in error, and then delete it. Thank you.
References 1. https://www.eff.org/ 2. http://www.dmlp.org/legal-guide/risks-associated-publication 3. http://www.dmlp.org/legal-guide/protecting-yourself-against-copyright-claims... 4. http://fairuse.stanford.edu/overview/website-permissions/transferring-inform... 5. https://www.eff.org/issues/bloggers/legal/liability/IP 6. http://www.dmlp.org/legal-guide/fair-use 7. http://fairuse.stanford.edu/overview/fair-use/four-factors/#educational_fair... 8. http://www.copyright.gov/fls/fl102.html 9. http://www.teachingcopyright.org/handout/fair-use-faq 10. mailto:info@eff.org 11. https://www.eff.org/support 12. mailto:kgreen@averillandgreen.com