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  #11 (permalink)  
Old 07-14-2008, 07:40 PM
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First off, he is new. He posted an intro thread. He is using a translation program just to be here. Translation programs are... interesting. They are a lot like parrots... have a mind of their own, do not do what you want them to half the time, get it backward the other half. LOL

He (David - Estepa) is the assistant to a vet in Spain. He may be doing his internship as part of a doctorate and is writing for that purpose (dissertation type of thing).

If you want, do a release with a "one time use for such&such purpose for such&such person" in the release form!
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  #12 (permalink)  
Old 07-14-2008, 10:08 PM
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I don't think I would give up the rights to any of my pictures.
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  #13 (permalink)  
Old 07-15-2008, 01:21 AM
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His post in the introduction forum I think very clearly outlines his purposes:

Quote:
Originally Posted by Estepa View Post
Hello Kelly!

There is no secret… I archiving photos of birds, mainly parrots, to illustrate some of my articles. Here in Spain (although we have the famous Loro Parque in Tenerife…) is difficult to see many parrots. We are long overdue in information and publications that there are translations of Use, England or Germany poorly translated and very old.

The truth is that very few of us dedicate ourselves to help, and write a little about them in Spanish. On the other hand the market is growing pet parrots and the problems would soon arrive, as with other countries.

Write, read, study and because they do not, share information about birds is what I devote myself. Normally I write about diseases or nutrition, and if you get good photos ... any news since disclosure of species and genera.

I wanted to be cautious and ask for some photos of privately so as not to be regarded as an "interested" but since you've asked prefer not to make it public misunderstanding lies.

So I will be happy to receive photos, as well as share knowledge and experiences with you all.

I hope you understand my message and not be misunderstood…

David - Barcelona
A worthy cause if you ask me.
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  #14 (permalink)  
Old 07-15-2008, 01:36 AM
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You are not giving up YOUR right... you are letting HIM have the right to simply use it. BIG difference.

I HAVE sold some of my pictures... and the rights to them. That means I cannot reprint them for another use, sell them to someone else, or market them. They now own the picture. As if they had taken it... not me. I can only use the picture as a sample of work in my portfolio because I put it in the clause.

I think he simply wants PERMISSION to use your picture. Which, technically, he could have just saved the image you posted and "stolen". I assure you... you would NOT want to go to court about it. Even professional photographers rarely go to court for theft of use... it costs a fortune and is hard to prove.

As he is using a translation program... the devil is in the details. He may not have typed what you are seeing. I really do think translation programmers should be shot. (Ever read Hitchhiker's Guide to the Galaxy?)
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Old 07-15-2008, 03:06 AM
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You can copy almost any picture found on the web and save it in your own computer, The only way to stop it from ever happening is to have a copyright block that stops the actual copying of the picture, The problem with copying a picture this way is the resolution is not go enough most of the time to print out a decent color copy.
(I know this from helping my Daughter with school projects, I am not out there stealing anyones pictures, just wanted to be clear on that)

I agree that if he is using a program that translates the message you read may not be the way it was sent, Translating any language to english is very difficult because the english language is so complex. Even expert translators can make mistakes.

But there are also a lot of scammers out there saying they have birds that they need to find a good home for(even though they do not own a bird) and these people will send you pictures of beautiful birds taken in a home setting so it looks realistic and the con people out of money by saying they will send the bird and you only pay shipping, most of these people use free email account services so they cannot be tracked and this particular person uses two different free internets services.

My Gut feeling is if you send him good quality copies of your pictures, at some point down the road we will see you bird listed for adoption, only you won't know about it, and you will have given him the rights to use the pictures so if he were to ever get caught for the scam, it could also come back on you legally.(there have been instances where non-participating third parties have been included in criminal and civil case, for unknowingly assisting in the de-frauding of another person)

Whatever you do, do not reply with an email or sign anything giving permission to use the photos without first getting a release from liability from this person, Make sure it states that you are granting permission to use these photos for legal purposes(notate what he tells you he is using them for) and also put in it you are not responsible or liable if these photos are used for any manner other including but not limited to illegal activites.

(A place where I boarded my horses had a situation where one boarder took another boarders horse out without permission and got hit by a car, the release of liability waivers everyone had to sign saved her from a lawsuit)
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Old 07-15-2008, 03:15 AM
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Quote:
Originally Posted by hollmer View Post

But there are also a lot of scammers out there saying they have birds that they need to find a good home for(even though they do not own a bird) and these people will send you pictures of beautiful birds taken in a home setting so it looks realistic and the con people out of money by saying they will send the bird and you only pay shipping, most of these people use free email account services so they cannot be tracked and this particular person uses two different free internets services.

Yeah... if you are going to commit international fraud it is vitally important to ask for permission to use photos. You would not want to have to go to court or anything. LOL

Sorry... I disagree to the utmost.
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Old 07-15-2008, 03:20 AM
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Okay.. maybe we should drop it. This is a friendly forum. I am not giving anybody the right or permission to use any pictures of my birds. I realize anyone can cut and paste and that I have no way of stopping that. Oh well enough said. Lets post nice people okay? Hope everybody has a great night.
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  #18 (permalink)  
Old 07-15-2008, 04:13 AM
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Kelly, I got the same message in private email, except completely in Spanish. I sent it to a friend to interpret for me. Sounds fishy to me that they've selected birds and sent private emails to some of us.

Did anyone ask why he wants the photos? Is he using them as examples of healthy birds? What?
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Old 07-15-2008, 04:16 AM
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Hasn't anyone ever heard the saying, On the internet you can be whatever you want,

The problem is many of these scams are originating in the USA, and many people get sucked in to the idea of being able to get a bird they might not otherwise be able to afford. I don't know what there is to disagree with, You can get sued for pretty much anything, and you can be held responsible for someone elses criminal actions even when you did not know about it, Its call accessory to the crime, basically you helped make it possible for this person to do this even if you did not mean too. THat does not mean you will be convicted of anything but who in there right mind wants to go through something lke that. It does happen.
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Old 07-15-2008, 04:27 AM
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Please know my post was only ment to point out the legalities of the situation, I would hate for anyone to be the victim of these scams. They are real and many people have fallen for them. You never know what could happen. With the way identities are stolen and computers hacked I would be very cautious before sending a complete stranger anything, You just never know, Verifiying a few facts never hurt anyone.
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