When is an Email Copyright Infringement

[GlynMusica]

Here's a question that some legal headz might explain to me. Some marketing companies trying to sell me promotion do so by taking a screen capture of one of my site pages and then sending it to me as an attachment in an email telling me that the page was not positioned well. We all know at least a few of the culprits.

I wondered from a legal point of view: If you take a screen capture of a page are you not infringing the copyright of the website owners for not having expressly asked permission beforehand?

The copy of the page must have been stored on the senders mailserver, thus copy, thus infringement.

Any feedback would be...interesting.

Thanks.
Glyn.

[grnidone]

Glyn,

While your logic seems firm, I think Tabke would strangle anyone for giving legal advice over the boards. Or, you stumped us.

Copyright code here:
[loc.gov...]

[engine]

Take a look here [webmasterworld.com] for a similar point and over here at the Content Forum [webmasterworld.com] as you might find some further help.

HTH

[Brett_Tabke]

It's no different than the guys who fly around and take pictures of your house, then turn around and try to sell you the picture.

There are no laws that I am aware of that would prevent anyone from sending you a screen shot of your site. If anyone knows different, please speak up.

[Drastic]

>The copy of the page must have been stored on the senders mailserver, thus copy, thus infringement.

But what about all the files in your cache for sites you have visited today? Those are also copies, but they are not infringing.

I think since the copy was sent to you via private email, and not publicly published, it would not be infringement. It would be different if the screenshot were posted on a public website.

[Mardi_Gras]

The copy of the page must have been stored on the senders mailserver, thus copy, thus infringement.

First - I am not certain that your logic - that storing a copy of an image on a mailserver constitutes copyright infringement - will hold up. But even if it would, how many thousands of dollars (and that is a bare minimum starting point) are you willing to spend to pursue your legal standing here?

Not worth pursuing, IMHO. Save your legal budget for deadbeat clients ;)

[Brett_Tabke]

Caching is specifically allowed [chillingeffects.org] by the DMCA.

[GlynMusica]

One of those random firings. Thanks for all your comments.