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K. Reid

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  • May 05, 2010 @ 10:15am

    Nice try, but FAIL

    1. There is no privacy in a public place. This looks like a house and not a club so not sure about the legitimacy of this but you could argue the house as a party house with frequent, random attendees and make grounds for it being public.

    2. She has a better chance at defamation of character by means of libel (published, but even then that probably wouldn't hold since she is some form of a public figure (not a private individual) and there is no actual malice. I mean the pictures are real, they aren't photo-shopped.

    3. Copyright on a legal letter? The Copyright act was created to protect forms of expression, which includes literary works. They could duke it out and argue if a legal letter is a "literary work." Whew, sticky subject. Fairuse is definitely the backbone of that one, just claim news reporting or criticism of material and don't publish it in it's entirety.

    My question goes beyond the communication and media law I have learned and into the gritty: what is defined as a legal letter and what "rights" does the letter, author and recipient have based on the definition as defined by the law?