Text messages are likely considered your property and copyrightable.
Who owns a text message? Sure, most of our second nature “LOL” or “That’s great!” reactions may not pass the “modicum of creativity” test. (And the author of LOL has definitely not created an independent creation). However, oftentimes, through text messages we express ideas that resemble other forms of copyrightable information, like Haiku poems to a significant other. So then, who owns a text message?
The implications of determining ownership of a text can be huge. Just like emails, books, blogs, screenplays, contracts, and other written content that is copyrighted, certain text messages can potentially have, in the context of business dealings, multi-million dollars’ worth of value.
When you send a text message, the information is sent through a communication service, whether that is an application like WhatsApp or through a service provider (i.e., Verizon, AT&T, etc.). The Terms of Service or Privacy Policy with the communication service usually provides contractual language about ownership of the text.
Generally, like in WhatsApp’s Privacy Policy,the communications company does not retain messages that you send on any of the company’s servers. Once messages are delivered, they are only stored on your device. Policies with this type of language may support the idea that text messages are copyrightable material.
Subject to the fair use rule, publishing someone else’s text is not legal. Publishing texts without the author’s consent could potentially be copyright infringement, especially if the text was for commercial purposes. Although the words of the text may be copyrightable, the underlying ideas and facts can still be used without risking copyright infringement.
To my knowledge, no case has yet dealt directly with this question of whether a text message can be copyrighted. However, because Twitter is intrinsically more susceptible to copyright infringement, under Twitter’s policies and some case law, tweets can be copyrighted.This treatment and understanding of tweets may also support the idea that text messages are copyrightable.
The perfect scenario of someone being denied a copyright in their text message may soon end up in litigation, and we may get an answer. Until then, you likely own the Haiku poem you texted to yo
