Forwarding or other republishing of posts without obtaining permission of author

[Douglas Laycock]

I don't know what the rules are either, or if there are any rules.  But
I will give this example of my personal practice.  When a reporter for a
major newspaper called to ask me about Harriet Miers's church, and most
of what I knew about that church came from Mark's posts, I did not quote
Mark or attribute anything I said to Mark.  I suggested that the
reporter call Mark, and he did.  But my sense at the time was that I had
no idea whether Mark would be willing to say to a reporter what he had
said to the list.
 
Douglas Laycock
University of Texas Law School
727 E. Dean Keeton St.
Austin, TX  78705
   512-232-1341 (phone)
   512-471-6988 (fax)
 

________________________________

From: religionlaw-bounces at lists.ucla.edu
[mailto:religionlaw-bounces at lists.ucla.edu] On Behalf Of Scarberry, Mark
Sent: Friday, October 14, 2005 4:53 PM
To: 'Law & Religion issues for Law Academics'
Subject: Forwarding or other republishing of posts without obtaining
permission of author



I've noticed that a couple of my posts have been forwarded to other
lists, or posted on someone's blog, without my permission. (In
particular, one of my recent posts [on the conlawprof list] on Harriet
Miers's church was forwarded to another list [not to the religionlaw
list].) I would have given permission, I'm not really upset, and I
recognize that list posts cannot be considered confidential
communications. But I wonder what the etiquette is for forwarding posts
to other lists or posting them on blogs? I assume there is no problem
with showing a post to a colleague who is interested in the topic, but
I'm not sure widespread distribution without permission is appropriate.
Other, more prominent, list members must have dealt with this issue from
time to time. Beyond the etiquette issue, I suppose there is the issue
of what constitutes fair use.  

 

Along the same lines, I'm going to be giving a presentation on the topic
of effective participation in listserv discussions. (The presentation
will be made at the program for legal academics during the Christian
Legal Society's annual meeting.) I'll be using some of my posts as
examples (perhaps examples of what not to do). My plan is not to
reproduce or display posts made by others, at least not without their
permission, except perhaps for short excerpts that would be needed to
place my posts in context. Is there a general sense of what the
appropriate approach is in that setting?

 

Mark S. Scarberry

Pepperdine University School of Law

 

[Cross posted to conlawprof list]

 

 

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