Does copyright affect personal communications?

[TheRealTMA]

re: RSA MEL F Lounge Qantas Official Response (Refused Drinks)

You need to tell the attorney general that information. His website seems to think it is about creative concepts and ideas. Protecting the creator's right to their idea. As I said it doesn't seem correct to suggest that extends to all correspondence, especially stuff that lacks an original idea, concept or creation. For example, this very post.

The current Attorney General? Federal? One of the unrepresentative swill from QLD? The one who can't explain what META data is? Hmm. Possibly meta data is covered by copyright as well!

 

[Ansett]

re: RSA MEL F Lounge Qantas Official Response (Refused Drinks)

May I respectfully suggest we are getting slightly off topic and perhaps as a worthy subject it may warrant a thread all of its own?

Cheers

 

[JessicaTam]

May I respectfully suggest we are getting slightly off topic and perhaps as a worthy subject it may warrant a thread all of its own?

Cheers

As serfty is a little preoccupied, I have done just that.

 

[Anna]

This is the internet so obviously I haven't bothered to check but it would not surprise me if there was a clause amongst the AFF T&Cs that says that copyright for everything on AFF belongs to AFF.

Regardless of copyright though, the other issue to consider when disclosing emails is what lawyers call "breach of confidence" - basically, disclosure of something sent to you that the sender would have expected you to keep to yourself. I am not saying that Ansett breached confidence - in fact I think he didn't, in all the circumstances - I'm just pointing out that copyright is not the only relevant issue.

 

[medhead]

This is the internet so obviously I haven't bothered to check but it would not surprise me if there was a clause amongst the AFF T&Cs that says that copyright for everything on AFF belongs to AFF.

Regardless of copyright though, the other issue to consider when disclosing emails is what lawyers call "breach of confidence" - basically, disclosure of something sent to you that the sender would have expected you to keep to yourself. I am not saying that Ansett breached confidence - in fact I think he didn't, in all the circumstances - I'm just pointing out that copyright is not the only relevant issue.

Ahh but more importantly I just sent an email that said "XYZ procedure has been approved by the committee". Do I now have the copyright on those words and the ability to demand money from anyone else who wants to use my words as their own?

 

[UP4014]

Re: RSA MEL F Lounge Qantas Official Response ( Refused Drinks)

That doesn't really answer the question. A company providing an official company response via their official company channel, is that a personal and private communication? Keeping in mind that I've PMs from Red Roo that would be of a personal nature, that I wouldn't share.

Red Roo send posts without a senders name or contact number, not a personal message.

Want to make it personal, put your name and proper contact details.

 

[MEL_Traveller]

Ahh but more importantly I just sent an email that said "XYZ procedure has been approved by the committee". Do I now have the copyright on those words and the ability to demand money from anyone else who wants to use my words as their own?

You might have the copyright in an email... but you need to consider what that actually means in a practical sense. As with most things in the law when it comes to seeking damages, you generally need to show there is some 'loss'.

Where something has little or no commercial value, there may be nothing to claim.

Compare that with someone who copies and makes available Game Of Thrones via the internet. And for others who might then forward that on.

 

[medhead]

You might have the copyright in an email... but you need to consider what that actually means in a practical sense. As with most things in the law when it comes to seeking damages, you generally need to show there is some 'loss'.

Where something has little or no commercial value, there may be nothing to claim.

Compare that with someone who copies and makes available Game Of Thrones via the internet. And for others who might then forward that on.

There's the thing. Copyright gives me control over how those words are reproduced. It gives exclusive rights to license others in regard to copying my work. Obviously I will charge a fee in licensing people to copy my work. No need for a loss.

 

[MEL_Traveller]

There's the thing. Copyright gives me control over how those words are reproduced. It gives exclusive rights to license others in regard to copying my work. Obviously I will charge a fee in licensing people to copy my work. No need for a loss.

there's your loss... the loss of fees you would have otherwise gained.

But if we go back to the original reason behind this thread... a letter from QF to a customer... where is the commercial value?

 

[medhead]

there's your loss... the loss of fees you would have otherwise gained.

But if we go back to the original reason behind this thread... a letter from QF to a customer... where is the commercial value?

I fail to see any copyright being created in correspondence that communicates facts or findings of investigation. So I'm probably not the person to answer that question.

 

[TheRealTMA]

There's the thing. Copyright gives me control over how those words are reproduced. It gives exclusive rights to license others in regard to copying my work. Obviously I will charge a fee in licensing people to copy my work. No need for a loss.

What did that cost me?

I fail to see any copyright being created in correspondence that communicates facts or findings of investigation. So I'm probably not the person to answer that question.

Or was it free?

 

[medhead]

What did that cost me?



Or was it free?

Happy to apply your standard just this once. Will also offer a discounted one off licence fee of 60 million QFF points.

 

[TheRealTMA]

Happy to apply your standard just this once. Will also offer a discounted one off licence fee of 60 million QFF points.

Jeez. You'll have to wait another 59 years. I only earn a million a year!

 

[admin]

Re: RSA MEL F Lounge Qantas Official Response (Refused Drinks)

Regarding posting the details of Private Messages. From our TOS

Specific Rules for our Personal Message (PM) system

* All the General Rules listed above are applicable to PMs

* You may not send unsolicited PMs to other members for commercial or other non "bona fide" purposes.

* Personal Messages are "personal" by definition and cannot be posted or shared without the consent of all parties. The only exception are PMs to/from AFF Moderators and Administrators which could be shared internally amongst this group.

* If you have received a PM which you believe is in breach of any of our rules, please contact us with the details.

So, the appropriate course of action is to contact admin or support to advise us that a PM you have sent to someone has been published on AFF without your permission. We will then investigate, and take action if necessary.

 

[MEL_Traveller]

Re: RSA MEL F Lounge Qantas Official Response (Refused Drinks)

Technically and legally it's illegal to post private communications without permission since it's a breach of copyright .

[AFF rules aside]

this would be a civil matter, not criminal. So there's no 'illegality' in that sense.

As we worked out earlier... while the author of a piece of work has copyright, there'd need to be a breach of that copyright for them to take action. That'd most likely require them to show a commercial loss (ie the work must have a commercial value).

Not in any way referencing the OP's issue, but for completeness of response... there may be a range of other issues regarding the publication or distribution of an email... the contents could be illegal, there could be confidentiality issues, or privacy issues, or the contents could give rise to other actions such as defamation.

There can be criminal infringements of copyright... for example things like importing or making counterfeit goods, or playing or performing music or films for commercial purposes for which you haven't secured permission (etc)

 

[Deleted member 29185]

Re: RSA MEL F Lounge Qantas Official Response (Refused Drinks)

I'm not sure this is even relevant, but all my reports have "© Copyright (my company name) 2015" in the footer of every page.

I was advised informally, years ago to do that and I've only needed to invoke it once. A solicitor commissioned a report and then decided not to pay for it so I just sent an email advising that as per my standard terms and conditions, non payment of the account by the due date has resulted in me invoking my right to copyright and I withdrew consent for him to use the report. I knew he wanted the report and funny enough, a direct deposit payment receipt came through on email within an hour. Might have something to do with the fact I knew he intended to use my report in a tribunal the next day. I have no idea if my ploy has any legal standing, but it worked for me that time so I was a happy camper.

 

[JessicaTam]

Well done to keep that sneak honest.

 

[Deleted member 29185]

Well done to keep that sneak honest.

I must admit, I did walk around the whole of the next day with a self contented smug look on my face!

 

[clazman]

I would have followed the same course of action, well done for keeping them honest