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Board of Inquiry® This forum is provided exclusively for the discussion of specific persons or businesses in the herp industry. |
02-15-2004, 06:22 PM
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#11
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Jim,
As much as I hate to side with a jerk like Tim, you don't have a right to use the photo just because you bought the snake.
Of course, you could always send a registered letter saying you were confused by the term "armature photographer" since armature means a framework serving as a supporting core for clay sculpture. You would think a "lawyer" would be more careful, huh?
We all know he's full of it but let the baby have his photo...it's all he has left.
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02-15-2004, 06:23 PM
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#12
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Question????
If a picture is posted on a public website doesn't it become the property of the public and as long as they are not profiting from the use of the picture they can do with it what they want? Just curious....
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02-15-2004, 06:30 PM
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#13
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In all honesty Tim owns the picture. Its the act of creating the picture that is copyrighted not the subject matter.
In reality Tim is being a jerk and manipulating the system to increase his ability to be a jerk. More than likely doesn't even care about the snake or the picture. I'd manipulate the system to be a jerk right back, but that is me personally.
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02-15-2004, 06:30 PM
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#14
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Re: "armature"
Quote:
Originally posted by alvaro
"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.
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Yes it is legal to use photos of animal you no longer own and no, you do not have to have any permission of the owner of the animal to use that photo. As the photographer, you have full control and ownership of the photo. Selling the animal does not change ownership of the photo.
Chris Anderson
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02-15-2004, 06:31 PM
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#15
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Also we're all just arm chair lawyers here. I'd mail Tim's lawyer a letter to get clarification from a professional
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02-15-2004, 06:33 PM
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#16
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I would just take the picture off your site, why hassle with it.
I do not believe for a minute though a lawyer would send you an email about this. I do wonder how a lawyer would react to someone using his name without his permission. I would take the picture off and still mail the lawyer a letter and perhaps make a copy of that email and send a copy with your letter.
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02-15-2004, 06:35 PM
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#17
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Thanks for clearing that up Chris.
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02-15-2004, 07:03 PM
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#18
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Jim,
Here is what I would do if in the same boat. Write a letter (as stated earlier) asking for clarification on the status of the picture etc. and send it registered to the Attorney, Fax a letter to the Attorney informing him that you have sent a registered letter that he needs to addressed by him when it arrives. When you fax the letter to him make sure you use a cover sheet, the letter and even use a closing sheet of some sorts. Most Lawyers charge for receiving faxes. My Lawyer and my ex wife's lawyer charge $3 for the first page and $1 for every page there after just for receiving it. If you really want to be a pisser you can send the same fax every day until you know the registered letter will arrive to his office. This way you are doing nothing illegal or wrong but are sure to cause Tim to be charged for the faxes and maybe more for the Attorney having to deal with this crap. Also once you see that the letter has been signed for fax another letter to the Attorney containing a letter about them receiving the registered letter, a copy of the e-mail that was sent to you, and a copy of the registered letter you sent to them. When ever I need to send something to my ex I fax it and a few other documents that pertain to what I am faxing to him. She gets charged on the average $10 or more every time I send a fax. I do this every time she decides she wants to send me another request for something stupid or trying to cause me more trouble than she already does.
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02-15-2004, 07:28 PM
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#19
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Like it has been mentioned, we are all armchair lawyers.
Just to be a pain, he could still use the photo and just have a little thing under it stating the phot was taken and belongs to Tim.
No different than any report. I can copy a photo off of the internet, put it right in my report as long as I give credit to the owner/picture taker.
Just a thougt!
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02-15-2004, 08:39 PM
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#20
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Sure seems like a few of these guys are going to a lot of trouble to screw with people.....this was added to Tim's photohosting site under the picture Jim was displaying on his site:
'Copyrighted by Tim Bowles'
Man what is wrong with people.....
Jim the picture is a nice representation of that animal but after all he has done and continues to do why even have it on your site? I think you should take it off and put up a pic that you take.....your pictures are great! Look at the Biak picture you posted on Chondroweb....that's a great one!
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