Who owns original letter sent to receiver?

[Tiredretiredlawyer]

This had been discussed before, but my search didn’t find the answer.

If I write a letter or a thank you note to Foggy who receives it, do I have legal rights to prevent him from publishing it?

[noblepa]

This had been discussed before, but my search didn’t find the answer.

If I write a letter or a thank you note to Foggy who receives it, do I have legal rights to prevent him from publishing it?

IANAL, but wasn't there a case a couple of years ago, in which the OSG tried to do just that? I believe that, in that case, the court ruled that the letter and its contents belong to the recipient, who can do as they please with it.

[chancery]

Paging Mike Dunford ...

Foggy owns the physical letter. He may sell the letter or give it away, and he may divulge information contained in the letter.

You own the copyright. Salinger v. Random House, Inc. (2d Cir. 1987).

https://casetext.com/case/salinger-v-random-house-inc-3

[Foggy]

Foggy ... may sell the letter or give it away ...

You own the copyright. Salinger v. Random House, Inc. (2d Cir. 1987).

That's seemingly self-contradictory. If'n she owns the copyright, I don't think I should be able to sell the letter. What if the letter from TRL is full of legal advice? I'm the client, I can divulge all that ( no, TRL, I would never do that to you, you can keep sending me mash notes legal advice and I will never divulge it).

[bbflatt]

It would seem to track with the treatment of a book. If you buy a book, or receive one as a gift, you can sell the physical book, you can tell people about it or even publish a review, but the author (or publisher or whoever) still holds the copyright, and you can't make and distribute copies of your book.

[Foggy]

Well, I wasn't gonna make and distribute any of TRL's letters anyway.

[sugar magnolia]

It's yours to do with as you wish unless you wish to COPY it. That's a no-no. Copyright laws protect copies made of the written (or drawn or painted, etc) work, not the physical work itself. If someone gives you a painting, it's copyrighted at creation, but once you have it, it's yours and you can sell it, donate it to Goodwill or burn it in the back yard. You can also cut it up and make handbags out of it. Copyright is not transferred with the physical work.

In the case of your letter, TRL would hold the copyright to the arrangement of the words, but you would hold ownership of the physical piece of paper. I love good copyright discussions! Artists have them often. Everything from collages made from cut up magazine ads to whether you can use fabric with that stupid "not for commercial use" bullshit printed on the selvage.And we haven't even gotten into the 'first sale doctrine' yet!

[bill_g]

I would keep them secret trl. Trust me.

[Tiredretiredlawyer]

Thanks to all! Good to hear from bbflatt!! Foggy and bill are sweet to keep our secrets!

[Ben-Prime]

I mean, in fairness, one of us is clearly going to write the Fogbow answer to Kevin Kwan's "Crazy Rich Asians" series someday, and whoever it may be is going to need some material to work with, so maybe we should have a plan.

(I note, in full disclosure, I started rereading the Kwan books this weekend, so I have it on the brain, but still...)

[jcolvin2]

I started rereading the Kwan books this weekend ...

In preparation for a new posting? Or a vacation to Singapore?

[jcolvin2]

Thanks to all! Good to hear from bbflatt!! Foggy and bill are sweet to keep our secrets!

I'm sure your letters are the Steamboat Willy of correspondence. I (and my heirs) would hold them until the copyright expired, and THEN publish them.

[Ben-Prime]

I started rereading the Kwan books this weekend ...

In preparation for a new posting? Or a vacation to Singapore?

The latter but in reverse. Singapore is one of the easier vacation spots on this side of the world, so I've been alternating between it and Kuala Lumpur for my weekend getaways.

[Tiredretiredlawyer]

Thanks to all! Good to hear from bbflatt!! Foggy and bill are sweet to keep our secrets!

I'm sure your letters are the Steamboat Willy of correspondence. I (and my heirs) would hold them until the copyright expired, and THEN publish them.

Great plan!!