E-mails and Intellectual Property
Mar 14, 2007
Author: Nick Morrison

Sometimes emails are sent to the wrong person and confidential information is disclosed. Another risk is that material protected by copyright is copied. Merely sending a document is a breach of copyright unless the copyright owner has agreed. In February, the publishers of the Harry Potter books took legal action against Ebay. No Harry Potter novels are published as electronic or ebooks and Ebay India had some customers selling those works which had been made in breach of copyright.

Nick Morrison says:

“Many of our clients do not always protect their intellectual property rights as well as they might. We can help with contracts and licences and advice on what is protected. In one recent case decided in February, it was held there was a breach of copyright just by sending a document by e-mail for which there was no permission to copy. Just because a document is sent electronically does not alter the fact that it is copied just as much as if it were copied in long hand or on a photocopier. Indeed, some companies on-line employ software to catch unlicensed use of their photographs on websites. Some companies hold banks of pictures and photographs which they license to others for fees but also keep a track on unlicensed use.

We are often asked for advice in a situation where an employee leaves employment and takes with them confidential information and documents protected by intellectual property rights. It may be possible to recover the information and obtain a Court order prohibiting the use. If you need advice in this area, let us know. Call Nick Morrison on 01494 521301.