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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: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] 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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