Re: Nathan vs Rubywand: Choose sides?

[CUTjefbla@bconnex.net (Jeff Blakeney)]

On 9 Apr 1998 03:35:52 GMT, supertimer@aol.com (Supertimer) wrote:

>When the descendants of Ben Franklin donated the letters that
>Thomas Jefferson sent to him to the Smithsonian, did they secure
>permission from the descendants of Jefferson?  These two are some
>of America's (USA's) founders, for those in other countries....

I can't say for sure if permission is explicitly required, but I'm
pretty sure it is, but here are a few things to think about with
respect to your example above.

1) When they gave the letters they probably also gave explicit
permission to use them as they saw fit.  Otherwise, what would be the
point in giving them the letters.  Failing that, by giving them the
letters, I believe that they also implicitly gave permission to use
them as they saw fit.  Keep in mind that there is a definite
difference between giving away an ancestors letters and e-mailing
someone yourself.

2) Depending on how long the letters were lying around, the copyright
was probably expired anyways.  Copyrights on such materials lasts for
50 or 75 years after the person's death.  Therefore, the letters may
not have been copyrighted anymore.

3) Then there is the distinct possibly that copyright law didn't even
exist when those letters were created so they wouldn't be copyrighted
anyways.

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