First of all, we have to distinguish between owning the email (substantial right) and having an IP right (immaterial right).
This is not just legalese babble - to illustrate: a printed photo on a canvas will let the person own the canvas with image, but not the IP rights to that image.
To enjoy the benefits of copyright protection, a work needs to meet several conditions.
1. The work result from a creative activity
2. The work must be expressed in a physical form
3. The work must be original
When it comes to emails, the first and the third requirements are hard to meet. Just to illustrate, an email that states that a head of state is a #@!$%&! is hardly the fruit of creativity. Moreover, the content is quite likely not even original but harvested from social media.
When we look at ownership, we are also in a gray area. Your email is on your computer, so you (and your heirs in case you keel over) own it. However, your rights are limited by those of third parties, namely those of the sender of the email and/or its employees (especially if it concerns a public company).
Furthermore, emails in general do not fall in the category of “confidential information”. However, depending on specific content, they could be considered to be confidential. This is normally the case for emails that contain information that could harm the company if made public.
Last but not least: let’s discuss privacy. Does making the email public harm anyone’s privacy? If an email reveals private information, it’s an infringement. If the information is already in the public domain, not so much.
Please note that we are dealing with a grey area here. If you are a company and you are not sure, consult a lawyer. It’s worthwhile!
Disclaimer: This blog post was written for general information purposes only, and is not aimed at giving any legal advice in any way, shape or form.
©2015 Tip Top Lawyer
