I have recently found that a scan of a letter I wrote to my mother has been published by her in an autobiography which is being sold online.
Do I have any rights as far as getting the letter removed from the book? It is used out of context (if that matters).
I have contacted the publishers and they have stated they do not need to remove the letter as once it is sent it is technically published.
Is this correct?
Thanks.
Personal Correspondence
- CopyrightAid
- Site Admin
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- Joined: Wed Jan 03, 2007 1:48 pm
Wow - I have never heard of a case involving personal correspondence like this, so I'm afraid that I am guessing a bit 
The law states that copyright exists in any literary work from the point of creation. So fundamentally, I believe that unless you have give/sold or otherwise transferred the copyright in the literary work (the letter) then publication in this manner without permision would be an infringement.
I suspect there may be special rules that apply to personal correspondence, (needs research), but for a commercial publication like this, I believe you should have been asked for consent before publication.
If this is a big deal to you, and you cannot settle it ammicably, I suggest you take this matter to a solicitor - you may be able to apply for an injunction to prevent your material from being included in the book.

The law states that copyright exists in any literary work from the point of creation. So fundamentally, I believe that unless you have give/sold or otherwise transferred the copyright in the literary work (the letter) then publication in this manner without permision would be an infringement.
I suspect there may be special rules that apply to personal correspondence, (needs research), but for a commercial publication like this, I believe you should have been asked for consent before publication.
If this is a big deal to you, and you cannot settle it ammicably, I suggest you take this matter to a solicitor - you may be able to apply for an injunction to prevent your material from being included in the book.