Help! Copyright in correspondence

[James Marinero]

When I wrote Susan's Brother (a diversion into biography) I entered into some correspondence with the subject's family. One of the responses I received was highly derogatory of (to?) the subject person of the book. I did not share this with the subject (actually in the interest of his family harmony), but now he is asking that I share all correspondence. For various reasons I am very tempted to do so, but wondered whether the writer of the letter holds a copyright and whether I am in fact entitled to share that with a third party (without the writer's permission). Fwiw the letter writer is a very senior public lawyer.

There are some heavy family issues involved including issues over a will and estate, which I have always avoided getting involved in and avoided in the book. I am unrelated to any of the persons involved.

Can any give me any informal guidance on copyright? And of course not to be relied on and in the best of faith.

Thanks

 

[Alistair Roberts]

Tricky. For what it's worth (not much), if it is a letter sent to you, then unless anything on that letter says otherwise, it is your property to do with as you wish. However, given the sender is a lawyer etc., I'd be getting legal advise before doing anything!

 

[Carol Rose]

I don't believe someone can copyright a letter, but since this person is making such a stink about it, and there are side issues involved, you might want to consult an attorney, as Alistair suggests. If for nothing else to protect yourself.

 

[Jennifer Stone]

Personally, I'd ask the letter writer what they'd prefer. Explain the situation, that the subject wants all correspondence and see how they respond. If they don't care or show no interest, then it's up to you.

 

[James Marinero]

Personally, I'd ask the letter writer what they'd prefer. Explain the situation, that the subject wants all correspondence and see how they respond. If they don't care or show no interest, then it's up to you.

Definitely not going there!

 

[James Marinero]

Tricky. For what it's worth (not much), if it is a letter sent to you, then unless anything on that letter says otherwise, it is your property to do with as you wish. However, given the sender is a lawyer etc., I'd be getting legal advise before doing anything!

I thought about the Without Prejudice approach, but once the cat is out of the bag then, well - it's out, handbags at dawn etc.

The reason I asked is that I read somwhere about it being an issues.

Formal legal advice is the answer I know, but that's a good dinner at least, plus wine ;-)

 

[James Marinero]

I don't believe someone can copyright a letter, but since this person is making such a stink about it, and there are side issues involved, you might want to consult an attorney, as Alistair suggests. If for nothing else to protect yourself.

Doohhh! I should have researched it before bending your brains! There is a good discussion in The Guardian here, although I guess it hinges on precisely what is meant by 'publish'. I can see that I am at liberty at least to show it to the person.

Thanks for all your input.

 

[Alistair Roberts]

It's your letter. I'm sure legally you could do whatever, probably hide it is best. Let's face it, if you don't show it, they'll never know ;-)

 

[Katie-Ellen]

'Lose' it? Fail to forward. But here seems to be the legal gen:

http://www.rightsofwriters.com/2011/02/sixteen-things-writers-should-know.html