Copy right laws and Tim Bowels

[jim scharphorn]

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" <[email protected]>
To: "Jim Scharphorn" <[email protected]>
Subject: EMERALD TREE BOA's
Date: Sun, 15 Feb 2004 14:16:23 -0600
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[Chris Anderson]

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

 

[dwedeking]

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.

 

[JungleHabitats]

kinda a "gray area there"

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 .

 

[JungleHabitats]

Daniel

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

 

[dwedeking]

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).

 

[Neil Gubitz]

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

 

[jim scharphorn]

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.

 

[ScottsReptiles]

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

 

[The BoidSmith]

"armature"

"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.

 

[gila7150]

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.

 

[Ghi Reptiles]

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....

 

[dwedeking]

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.

 

[Chris Anderson]

Re: "armature"

"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.

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

 

[dwedeking]

Also we're all just arm chair lawyers here. I'd mail Tim's lawyer a letter to get clarification from a professional

 

[Stardust]

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.

 

[The BoidSmith]

Thanks for clearing that up Chris.

 

[Rob @ RK Reptiles]

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.

 

[Brian Oakley]

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!

 

[Ghi Reptiles]

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!