Interesting People mailing list archives

IP: Australian e-mail copyrights


From: David Farber <dave () farber net>
Date: Mon, 05 Mar 2001 15:39:33 -0500



http://www.news.com.au/common/story_page/0,4057,1768268%255E421,00.html

Sunday Telegraph

Sharing e-mail banned by law

FORWARDING an e-mail to friends, family or colleagues without permission
from the sender is illegal from today and could result in severe
penalties.

New laws set out maximum penalties of five years' jail or fines of
$60,000.

The illegality stems from breaching the copyright held by the person who
originally wrote the e-mail.

An estimated five million or more e-mails are forwarded each day around
the nation.

Attorney-General Daryl Williams QC has warned Australians that they could
be breaking the law, if they continue to forward e-mails from today.

"It's quite possible that the forwarding of an e-mail could be a
technical infringement of copyright," Mr Williams' legal adviser told The
Sunday Telegraph.

"E-mailing something is a `communication' under the Digital Agenda Act
and so is putting something up on a website."

The new measures cover material which already has copyright protection --
such as excerpts from books or song lyrics -- as well as personal
messages.

This means a simple message about office gossip, holiday plans or a new
romance carries personal copyright and the recipient has no right to
forward it without permission.

An e-mail sex scandal erupted in Britain last year when London lawyer
Bradley Chait forwarded a personal e-mail from his girlfriend, Claire
Swire, to six friends, who in turn forwarded the e-mail to others. The
e-mail, which described his sexual prowess, eventually made its way
around the world and led to the lawyer being severely disciplined by his
employer.

Internet Industry Association executive director Peter Coroneos said
forwarding e-mail had probably always involved a technical breach of
copyright, adding: "It's a matter of whether the authors themselves are
likely to be concerned."

He urged people sending e-mail to spell out whether they gave permission
for the content to be forwarded to others.



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