Sent to Enterprise and Mountain Media staff.

Good Morning!

I am writing to address a serious matter regarding the unauthorized release of my private emails by your publication. The emails in question were clearly marked as confidential and pertained to sensitive personnel and legal matters. Their release and the subsequent story that you published 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 and responsible journalism.

In light of this incident, I wish to outline my rights under copyright law, reaffirm the importance of maintaining confidentiality in communications, and express my concerns about the ethical implications of your publications actions.

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.

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.

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 a local news publication, the Enterprise and eEnterprise has a responsibility to handle sensitive information with care and discretion. Unauthorized publication of confidential communications harms the integrity of public discourse and undermines public trust in both governance and journalism.

3. Ethical Concerns in Publishing

The decision to publish these emails raises significant ethical concerns. Journalism should aim to inform and enlighten, not to sensationalize or exploit. By choosing to publish private correspondence without a compelling public interest, The Enterprise and eEnterprise has prioritized controversy over responsible reporting. This lack of editorial judgment reflects poorly on your publication and sets a troubling precedent for how sensitive information is handled in our community.

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 parties, including The Enterpriseand eEnterprise, 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 Greater Discretion and Ethical Reporting

I urge The Enterprise and eEnterprise to reflect on the impact of its actions and to adopt a more thoughtful approach to reporting in the future. Local news publications hold a unique position of trust within their communities. Readers rely on them to provide accurate, fair, and responsible reporting. When a publication chooses to prioritize clicks and controversy over ethical considerations, it risks eroding that trust.

To prevent similar issues in the future, I strongly recommend that The Enterprise and eEnterprise consult legal counsel before publishing  sensitive or confidential materials. This step will help ensure compliance with copyright law and confidentiality requirements, as well as protect your publication from potential legal liability.

6. A Call for Collaboration

Transparency and accountability are essential, but they must be balanced with the need to protect privacy and intellectual property rights. I hope that The Enterprise and eEnterprise will take this opportunity to recommit to the ethical standards that should guide all journalistic endeavors. I am happy to work collaboratively to ensure that our communications are handled with the professionalism and respect they deserve.

-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.”