Copy right laws and Tim Bowels

I recieved a E-mail that I believe came from Tim Bowels But had his wifes E-mail addy, That was made to look like it came from his so called Lawyer, I will post the E-mail below.
Tim , last year posted a snake for sale on Corralus.com and posted the picture, I purchased this snake and then copied the picture from the corralus open forum after purchasing it from Tim.

I posted this picture on my website at that time,
I now get this letter in E-mail that claims what the E-mail says.
I would like to here if he has a leg to stand on.
I can take a different picture that is no big deal, Its just Tim trying to be the big bully again that he always has been, and If I can keep the picture, it would be nice to just rub it in Tim's face.
I live in Michigan , Tim lives in Ohio, The so called Lawyer practices in Indiana.
Also is he allowed to Impersonate a Lawyer ?
Here is the E-mail




Mr. Scharphorn,
It has come to our attention that you are illegally using a picture that belongs to Mr. Bowles on your website http://www.coolcritters.com. You have been given no permission to use this picture and are violating federal copyright laws. Mr. Bowles is an armature photographer that has been published and as such all material is copyrighted by him. You have 1 week from the date of this email to remove this picture from your site http://www.coolcrittersbylj.com/id43.htm. If you fail to comply with this order, we will be forced to press charges against you for violating copyright laws. This will be your only warning prior to receiving the summons to appear.

Very truly yours,

Tim Bowles,

Brett E. Nelson


Plews Shadley Racher & Braun
1346 N. Delaware St.
Indianapolis, IN 46202
(317) 637-0700
(317) 637-0713 Fax
http://www.psrb.com



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From: "Susan Bowles" <sbowles@insight.rr.com>
To: "Jim Scharphorn" <coolcritters@netonecom.net>
Subject: EMERALD TREE BOA's
Date: Sun, 15 Feb 2004 14:16:23 -0600
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Jim,

I don't know anything about you, Tim or your claim that he's a "big bully" (there's obviously something behind this other than the picture) but when I find people using my photos without my permission and without proper credit, I send them an email explaining I'd like it removed. If I don't get the answer I want, I inform them that I will follow with legal action if they do not remove it. I would go after you too for violation of copyright laws if you stole my work and refused to be reasonable and remove the picture. As I said, if I were Tim i would have been polite and talked to you first about it (based on your desire to "rub it in Tim's face", I tend to think he has or that you two have gone at it before) but if it came to it, I'd go after you too if you refused to remove the photo.

Chris Anderson

Send the lawyer a letter on Monday via Snail Mail (registered). Explain that you want an explanation of which photo it is that is copyrighted. Do not open any emails from that address. Request that all communication be via registered mail.

IF/When he sends the required information send him another request the same way.

If it is really Tim's Lawyer then Tim will get charged for the writing of each letter back to you.

normally any picture / print is considered a copyright item . im not sure how much would be involved in pursuing a lawsuit over a single picture . How are you using this picture ? and lastly i cant understand why Tim is making such a huge deal out of something you paid for . cant really give alot of advice but i would tend to think it would be a minimal risk involved .

Lol i had not thought of that fact , good post lol Tim would have to pay a lawyer to type a letter wouldnt he lol inless its just a good friend as a lawyer .

id would definately start a letter campaign

Just FYI, my post was based on the past history we've seen of Tim Bowles.

Anybody reasonable you'd just remove the photos. I've used other breeders photos when I've purchased a group of animals from them but I just ask previously (for example pictures of the parents of offspring).

Jim.... Unfortunately, it's NOT a gray area at all.... YOU own the snake and TIM owns the picture he took....

Even when a photographer takes pictures of a wedding.... the photographer still OWNS the negatives, and can do what he wants with them.... that's the law.... (There was a whole thing on "Judge Judy" about just this thing a month ago).... I would suggest that you just remove the picture and use one that you take yourself....

It's doubtful that he will really take any legal action, but, if he does, you WILL lose (again.... unfortunately)....

Neil

Thanks so far.
The picture is not being used for anything but to just show the picture of the snake I own.
It is one of many pictures of snakes I own that are posted on my website.

Just need to ask yourself if it is worth the hassel to fight something you know you will lose.

"armature"? He probably meant amateur.

Maybe someone with more law expertise (not an amateur) can clear this up. Although I understand all the implications of copyright infringment, is it legal to post a picture of an animal you don't actually own? If the animal was sold, shouldn't a person ask permission to the rightful owner of the animal to continue with the use of that picture?

Regards.