I sent this message to a colleague, Debora Halbert at Otterbein University [DHalbert@otterbein.edu], who studies the internet and intellectual property law, in response to Steve's query about the privacy notice at the bottom of messages. Here is her response:
Hi Randy,
I can give you the basic answer, but it isn't pretty. Basically, all email is copyrighted by the author (who presumably is the one putting the notice at the bottom). Congress has defined "fixed in a tangible form" to include all digital information. Thus, technically, anytime you forward anything from anybody without their permission, you are in violation of the copyright law (which would include sending this message to anybody else without my permission with or without a warning at the bottom). Fortunately, most people don't care so much about controlling their work to that extent (I don't, for example, so feel free to forward this message). However, those that do can pursue copyright infringement against anyone who violates their copyright. Of course, actual enforcement of these claims are virtually impossible and there is no proof of any actual damages.
The Digital Millenium Copyright Act provides a safe harbor fo ISPs dealing with copyright infrigment, but not for the people doing the actual copyright infringement. However, in order to achieve safe harbor status, an ISP must take down any possibly infringing material at the request of the copyright owner (and prior to any actual assessment of the actual copyright infringement).
Most of this is more relevant for web pages than for emails, but would probably apply to email as well if someone wanted them to. Thus, you could lose your email account or web page access if someone has claimed you have infringed their copyright.
Basically, congress has created a system in which every time we use our web browser or forward an email we are violating copyright. The web still works because most people would rather share their information than control it.
These laws also have some international application through the TRIPs agreement and so it mostly doesn't matter where you are when you engage in the infringment. However, again it is pretty unenforceable. (Unless you come to the US)
Finally, I'd love to see more of these warnings if you come across them -- they are interesting.... (and I am not a lawyer so please don't see anything in this as legal advice :) )
Talk to you soon, Debbie>