Subject: Assertion of Copyright and Confidentiality in Correspondence
Dear Board Members
I am writing to address a serious matter regarding the unauthorized disclosure of my emails to the press. The emails were clearly marked as confidential and pertained to sensitive personnel and legal matters. This disclosure was not in the public interest but appears to have been intended to punish and humiliate me for sending them. Such actions undermine the trust and professionalism necessary for effective governance.
In light of this incident, I wish to outline my rights under copyright law, reaffirm the importance of maintaining confidentiality in our communications, and propose measures to prevent similar issues in the future.
1. Copyright Protection for Emails
As the author of original written works, including emails, I hold copyright protection over the content I create. Copyright law (17 U.S.C. § 102) protects original works of authorship fixed in a tangible medium of expression, such as emails. This means:
- I have the exclusive right to reproduce, distribute, display, or modify my work.
- Others cannot copy, forward, or publish my emails without my permission, unless an exception (such as fair use) applies.
While emails sent in the course of public business may be subject to disclosure under the Virginia Freedom of Information Act (FOIA), this does not negate my copyright ownership. FOIA governs access to public records but does not grant third parties the right to reproduce or distribute copyrighted material without authorization.
2. Confidentiality of Sensitive Communications
The emails in question were clearly marked as confidential and related to personnel and legal matters. Disclosure of such sensitive information not only violates ethical standards but may also contravene state and federal laws protecting privacy and confidentiality.
As elected officials, we have a duty to handle sensitive information responsibly. Unauthorized disclosure of confidential communications harms the integrity of our board and undermines public trust.
3. Publication and Copyright Claims
To further assert my rights, I am considering publishing certain correspondence to establish a clear record of my copyright ownership. Under copyright law, publication can strengthen my claim to protection and provide a basis for legal action against unauthorized use.
It is important to note that publication is not limited to written or electronic distribution. Verbally communicating the contents of copyrighted material to the public or press can also constitute publication for copyright purposes. Such actions may infringe on my exclusive rights as the copyright holder.
4. Declaration of Copyright Over Future Correspondence
Moving forward, I hereby declare that I claim copyright protection over all original correspondence I author, including emails, memos, and other written communications. This claim applies to both personal and official correspondence, unless explicitly stated otherwise.
I expect all board members and staff to respect my copyright and refrain from reproducing, distributing, or publishing my correspondence without my express permission. Any unauthorized use of my work, including verbal communication of its contents, will be considered a violation of my rights under copyright law.
5. Request for Consultation with County Attorney
To avoid future issues and ensure compliance with copyright law and confidentiality requirements, I strongly recommend that the board consult the county attorney before disclosing any materials to the public or press. The county attorney can provide guidance on:
- Whether the material is subject to disclosure under FOIA.
- Whether the material is protected by copyright or other legal privileges.
- The potential consequences of unauthorized disclosure, including copyright infringement claims.
This step will help protect the board from legal liability going forward and ensure that sensitive information is handled appropriately.
6. Request for Cooperation
I urge the board to adopt policies that respect the copyright and confidentiality of members’ correspondence, particularly when it pertains to sensitive matters. Transparency and accountability are essential, but they must be balanced with the need to protect privacy and intellectual property rights.
I am happy to work collaboratively to ensure that our communications are handled with the professionalism and respect they deserve.
Sincerely,
-Steve Marshall, Patrick County Board of Supervisors Blue Ridge District. Serving all of Patrick County.
“This electronic communication, including any attachments, is subject to copyright protection under applicable law. Unauthorized access, use, or disclosure is strictly prohibited and may be subject to legal action.”
“This publication is subject to copyright protection under applicable law. Unauthorized use is strictly prohibited and may be subject to legal action.”