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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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