Document 4: Last letter to Walters.
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Mr. Edward Walters
Gulf Breeze, Florida
April 24, 1997
Dear Mr. Walters:
Thank you for admitting you took the "Believer Bill" and "Jane" photographs.
You said on my March 8, 1997 letter that Duane Cook gave you ownership of the Bill and Jane photos. Nice try. But under United States copyright law, Duane Cook couldn't give you ownership to those photos because he didn't own them, nor did he own the copyright. He had a non-exclusive right to use them and nothing more. So he couldn't "give" you anything unless you were the photographer and he was returning YOUR property.
I have your copyright application from the Library of Congress. In section 2 it says that the copyright registration contains photographs taken by Edward Daniel Walters, and that you are not only the photographer but you also claim the copyright. Section 4 says you do not have a transfer agreement from either "Bill" or "Jane", or ANYONE. U. S. copyright law says you have to have a transfer agreement to copyright those photographs. . . unless you took them. There is really no way around it this time.
By the way, that was a good touch on that letter to me where you say, "P.S. next day. My copyright attor. (sic) assures me I have ownership." Unfortunately, it just attests to what I have said. Why don't you send me the name and address of your copyright attorney, I'd love to have a chat with him/her. I already have your agents name and address, maybe I'll give her a call.
If you refute anything I have said here, please back it up with proof or a letter, on letterhead, from your attorney.
Sincerely,
Barbara Becker
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There was no response from Mr. Walters.
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Mr. Edward Walters
Gulf Breeze, Florida
April 24, 1997
Dear Mr. Walters:
Thank you for admitting you took the "Believer Bill" and "Jane" photographs.
You said on my March 8, 1997 letter that Duane Cook gave you ownership of the Bill and Jane photos. Nice try. But under United States copyright law, Duane Cook couldn't give you ownership to those photos because he didn't own them, nor did he own the copyright. He had a non-exclusive right to use them and nothing more. So he couldn't "give" you anything unless you were the photographer and he was returning YOUR property.
I have your copyright application from the Library of Congress. In section 2 it says that the copyright registration contains photographs taken by Edward Daniel Walters, and that you are not only the photographer but you also claim the copyright. Section 4 says you do not have a transfer agreement from either "Bill" or "Jane", or ANYONE. U. S. copyright law says you have to have a transfer agreement to copyright those photographs. . . unless you took them. There is really no way around it this time.
By the way, that was a good touch on that letter to me where you say, "P.S. next day. My copyright attor. (sic) assures me I have ownership." Unfortunately, it just attests to what I have said. Why don't you send me the name and address of your copyright attorney, I'd love to have a chat with him/her. I already have your agents name and address, maybe I'll give her a call.
If you refute anything I have said here, please back it up with proof or a letter, on letterhead, from your attorney.
Sincerely,
Barbara Becker
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There was no response from Mr. Walters.