QUESTION

Can I publish an excerpt from an email received from a leading online payment processing company, in my book?

Asked on Sep 03rd, 2012 on Intellectual Property - New Jersey
More details to this question:
I am writing a book on regulation of online payment processing providers. I would like to include an excerpt from an email received from a leading online payment processor. The email is a response to an email sent by me asking about the regulatory status of the processor. The email does not include any disclaimer in regards to private or confidential content. The content of the email is of relevance and interest to my readers and not damaging in any way to the sender, as far as I can determine. Nevertheless, it is a private email.
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1 ANSWER

Litigation Attorney serving Greenwich, CT
Partner at Hilary B. Miller
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You are generally privileged to publish ordinary business correspondence addressed to you. One possible limitation on this privilege is that works of authorship are subject to the author's copyright. Since you plan on including only an excerpt, and since it does not appear that the sender has any particular economic interest in the uniqueness of the expression contained in such correspondence, you should be able to make so-called "fair use" of this excerpt.
Answered on Sep 03rd, 2012 at 5:02 PM

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