The Battle over Copyright & Online Photos and Content

March 8, 2011 By 24 Comments

Dear Can of Worms……  prepare to be opened.

I have a lot of opinions when it comes to pictures of mine being used without my permission.  When your family photo suddenly shows up in a store front in Prague, that can happen.  We all know a business snatching a picture offline to use for commercial purposes is copyright infringement.

When I first wrote about our story – I received comment after comment reminding me that I had put my pictures ‘ON THE WORLD WIDE WEB, DANIELLE‘ – and that, apparently means they are public domain. You may remember that Cook’s Source Editor, Judith Griggs used the same phrasing after choosing, without permission, to publish an article written by food blogger, Monica Gaudio.

The truth is my content and Monica’s and everyone else’s is not free for the taking.  We are lucky that there are laws that protect our work and our content. Unfortunately, as was the case for both Monica and I, the people who ‘broke’ the laws – didn’t believe they were doing anything wrong.

About 9 months after the photo appeared in Prague – and the company took it down, claiming they had no idea we ‘were a real family’….  we got a call about the website you see here to the right.  Recognize the photo? Yep. EXACT SAME PICTURE USED IN PRAGUE. Naturally, I took a screen shot right away.  This company is right here in the U.S.  Since our story was fairly well publicized, (oh and since it is against copyright) I was a touch surprised.  Before I could write about it, my husband called the company.  The woman he spoke with assured him that he was WRONG….  that they (the company), in fact, have a VERY experienced legal team who’s job it is to vet pictures like this and they WERE authorized to use it.

*sigh*

My husband then listed a few of the media outlets that had covered the story.  *pause*  She apologized and promised the president of the company would call him back that afternoon.

We didn’t get a call.

But the picture was down within the hour.

Here’s the thing….

Last night, I found out another one of my pictures was being used on another website.

But this situation is different – though they didn’t ask permission, this website linked to me.  So, it got me thinking…. (and asking)

Are you ok with people using photos from your sites as long as they link back to you? (and I don’t mean through Creative Commons on Flickr when you authorize use for links)

I asked on Facebook and the greatest percentage said “YES, AS LONG AS THERE IS A LINK BACK.”

Now, it could be that I’m a little sensitive – not just because of the whole Prague thing, but also about this particular picture.  It is intensely personal.  This photo is from a post I did about the origin of this site.  This picture, my totaled car, represents a shift in my life – a moment that a) I could have died and b) one that put me on my current life path. So seeing it used in a generic post makes me uncomfortable.

So, you are wondering….  ’Why, Danielle, are you writing about this and NOT emailing the blog owner to take it down?”

Because -I’m not mad, I’m not stomping my feet.  I don’t like to be a poor sport. And because so many people I respect (YOU) say you are ok with unauthorized use as long as there is a link back. So, I’m truly introspective about the whole thing…. Here is what I would really like to know from you:

1) Are you ok with people using your content as long as they link back to you  (without permission)?

2) And if you are….  (since copyright laws do protect against the use of content without permission) are we setting a precedent that allows people to skirt the laws in the name of traffic to our sites?

I intentionally did not link to this latest website as I am NOT, in any way, trying to slam them specifically, but rather to start a conversation.

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Mother of the Year Again (sarcasm) + Cough Remedies?

February 24, 2011 By 2 Comments

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The Entrepreneur Equation by Carol Roth – A Pre-Launch

February 14, 2011 By 4 Comments

I have a daughter.

Her name is Delaney.  She is sweet, sassy and six years old.

If you have visited with me here before, you already know this.  You may also know that I considering parenting both the most amazing and most wickedly challenging thing I have ever done.  I want desperately to raise a strong, self-confident little girl – one who truly believes in her soul that she can do absolutely anything she wants to do.

I want her to know she doesn’t have to choose between being pretty and smart.  And that ‘pretty’ will also mean she is ‘pretty funny’, ‘pretty silly’, and ‘pretty good at a whole lot of things’.  I hope that I can be the example she needs to achieve her dreams.

I’m lucky to have friends, brilliant-follow-your-dreams-be-smart-AND-beautiful kind of friends who continuously prove to me that my wishes for Delaney are not unreasonable.

I have one such friend I simply must tell you about.

Carol Roth.

I could tell you she has an incredible business mind.  I could tell you she has been on dozens of radio programs as well as been a guest on MSNBC, Fox News and Fox and Friends. I could tell you she is one of the most loyal and supportive people I have been lucky enough to know. And I don’t have to tell you she is lovely.

But, what I really want to share with you right now is her brand new book, The Entrepreneur Equation. I love this book. It isn’t your standard, ‘how to become an entrepreneur in 12 easy steps’…. instead Carol helps the would-be entrepreneur answer the question, ‘should I’ tackle starting a business?  You’ve likely heard the numbers – 90% of businesses fail in the first five years and 60% don’t earn a profit over their lifetime.

Carol can keep you from becoming a statistic.

And she isn’t going to coddle you while she does it. (one of my favorite things about her)  She is a ‘tell-it-like-it-is’ kind of woman.  With a combination of wit and sass, business savvy and honesty, Carol delivers what any entrepreneur or business owner needs to achieve their goals.

Carol shows readers how to:

  • Decide if your motivation to start a business is truly practical
  • Evaluate the risks and rewards of a new or existing business idea
  • Assess if the timing is right
  • Acquire the tools you need to increase your likelihood of success.

The Entrepreneur Equation doesn’t officially launch until the beginning of March – but this week – a special pre-lanuch event benefits Score.org – a non-profit with the goal of growing one-million successful businesses by 2017.  For every book sold this week, Carol will be donating a book to Score.  (Love this woman!)  In addition to this, for anyone who buys the book this week,  Carol has planned a creative series of giveaways: an exclusive 3-part Audio Series: Strategies for Getting Your Company, Your Product or Yourself on TV & Other Free Press! with Emmy award winners, TV anchors and PR veterans…..as well as generous prizes offered by entrepreneurs you respect and admire, including Alexis Neely, Liz Strauss, Michael Port and many more.

Oh and one more thing….  something, I bet you haven’t seen before… Carol – always unexpected, always true to herself – has done something unique.  She has a limited addition The Entrepreneur Equation Fashion Doll to accompany the release of her book.  It is likely she is the first business strategist to have her own Fashion Doll, but she did it for a few reasons – like her brand – this strategy is bold and provocative, using the doll allows her to demonstrate an element of successful entrepreneurship – using your network (including one of Carol’s favorite clients – Integrity Toys – who created the doll for her) AND, in Carol’s words, ” it is part of my effort to bust the myth that women have to choose between being either smart or attractive. They can be both.” With every pre-order purchase or donation of 10 books, a doll will be given.

Carol is a living example of that.

The bonuses for the Pre-Launch week are good for this week only – from February 14th- 18th.

I was not compensated for writing this post about Carol – I am sharing her and her book with you because I want to and because I truly believe she has, within her book, the answers entrepreneurs need to succeed.
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That Moment I felt like Mother of the Year. (insert sarcasm)

February 7, 2011 By 12 Comments

It was 10pm.  I was out of town.  I wouldn’t say I was still working, but I was out with the people who had hired me. Which means I was still ‘on’.

So, when my phone rang, I noticed who was calling – my cell said, “Smith Home”. That’s my in-laws. I figured they were calling me because my husband didn’t answer. They were watching the small people while we were out of town.  Since he was standing right next to me, I simply handed the phone to him.

But it wasn’t his mom. Or his dad.

It was my sweet, croupy, just-figured-out-how-to-use-the-phone, 6 year old daughter. And she was coughing and crying.  And she?  Was four hours AHEAD of us.  Which means our 10pm was her 2am.  In between one horrible seal bark after another, she whimpered, “Mommy….  I just want you to come HOME.”

And my heart shattered into itty-bitty pieces.

We sat on the phone with her for about 45 minutes.  She didn’t want to wake anyone else up.  She just wanted to talk to us.  She was lonely.  She missed us.  Her cough was hurting her.

With each cough…  each whimper…  I fought the tears that were threatening to expose me.

We excused ourselves and headed back to the hotel, the guilt heavier than the humidity of our locale.  Sitting on one of the beds in our room, I began to polish my Mother of the Year trophy.  How could I possibly be gone when she was suffering? What kind of mother was I anyway? And I was FAR away – as in, I can’t be home in 6 hours or even 10 – even if I got a flight RIGHT STINKIN’ NOW.

I am familiar with guilt.  It is the bedfellow of all mothers.  We carry it with us from the moment we find out there will be a child in our home.  But, I mean to tell you – being away from a sick child?  A child that is sitting alone in a bed at 2am – CRYING and COUGHING.  It hurt my soul.

She called again at midnight and 2 am our time.  It was at this point I realized that the novelty of dialing my number and just chatting was coming in to play.  There was less coughing and more, “what are you doing now, Mommy.”  This helped the guilt *a little*.

But I still worried.  And I couldn’t shake the feeling that I was failing her by being away.  We chatted again in the morning and her cough was markedly better.  And she seemed to be back to her spunky self.  I assured her I would be home the next day.

Now I’m home.  And she is fine.  The cough was gone before I stepped foot in the state.  And yet my guilt is hanging on.  I know I can’t be here for every single moment.  But I feel as though I should be.

Do you experience this?  And, oh my….  what do you do about it?

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Five (5) Ways to Save Money in the New Year

January 19, 2011 By 4 Comments

I am always looking for ways to make life a little more extraordinary – and let’s be honest – having extra money to devote to the things that we LOVE to do, rather than the things we HAVE to do certainly fits the bill.

So, when I was asked to do a money-saving segment on Good Day St. Louis – our local CBS affiliate, I jumped at the chance and started researching! (My segment is under the “Ways to Save in 2011″ and is about 2 minutes in to that video.)

By far, my very best resource is YOU, that’s right, YOU.  Not google, not the myriad money-saving sites peppering the web – though they are clearly valuable, but, simply – other moms.  Moms are a resourceful bunch and when we put our minds together, when we SHARE our ideas – it almost feels like we could rule the world.

So, I hit Facebook and Twitter.  I asked, “What are some of your tips for saving money in the New Year?” – and the answers helped me to compile this top Five.

Five Ways to Save your Family Money in the New Year

1) Create a Kid’s (or even adult) clothing Co-op among your friends.  At the beginning of every season, swap the clothes your kids no longer wear with a friend who has a younger one.  If you are really organized within your group, you can always plan to pass off clothes to the same family.  If you want a fun night with girlfriends….gather ALL of the items you no longer wear – clothing, jewelry, belts, scarves – have everyone bring their items, share some wine and ‘SHOP’ from each other’s goodies….  What is the saying, “One man’s trash is someone else’s treasure?”

2) Modify recipes that call for meat.  Instead of using a pound of ground beef in a lasagna dish – use 1/2 a pound – you still make the entire dish, can feed your family AND have that remaining 1/2 pound to use in another meal. (for the record, my husband told me tonight that this is the best lasagna he’s ever had)

My Lasagna Recipe:

1/2 pound of lean ground beef
1 jar of Spaghetti sauce
32 ounces of cottage cheese
3/4 cup of sour cream
2 eggs
1/2 cup of Parmesan cheese
2 tsp of Italian Herbs spices
salt & pepper to taste
9 lasagna noodles
1/2 cup of water

  1. Preheat oven to 350 degrees
  2. In a large skillet brown ground beef. Drain the grease. Add spaghetti sauce.
  3. In a large bowl, mix the sour cream, cottage cheese, 2 cups of the mozzarella cheese, eggs, 1/2 of the grated Parmesan cheese, Italian Herbs , salt & ground black pepper.
  4. Spray a 9×13 pan with cooking spray, evenly spread 3/4 cup of the sauce mixture. Cover with 3 uncooked lasagna noodles, then 3/4 cup of the cheese mixture, and 1/4 cup sauce. Repeat the layers twice. Top with 3 noodles, remaining sauce, remaining mozzarella and Parmesan cheese. Add 1/2 cup water to the edges of the pan. Cover with aluminum foil.
  5. Bake  for 45 minutes. Uncover and bake an additional 10 minutes. Let stand 10 minutes before serving.
  6. Enjoy!

3) This requires more work, but BUY the whole chicken and de-bone it yourself. Don’t know how?  YouTube can help.  This will allow you to have chicken for your meal and then use the bones (plus all left over veggies) to create stock that you can use for soups, potatoes, etc.  You pay less when you have to do the work yourself – the same is true for pre-cut veggies and fruit.  A one pound bag of whole carrots costs about a dollar less than a pound of baby carrots or carrot ‘chips’. Also – BUY GENERIC.  I promise I’m not shouting at you, but you can save dollars each time you shop if only you reach for generic pastas, sauces and canned fruits and vegetables.

4) Use Cash only.  Develop an envelope system – put ONLY the money you are budgeting for the month into an envelope for Groceries, for gas, for your kids, for entertainment – whatever your expenses may be.  When the cash is gone, it is gone.  And as you are using your cash – save the change in a big jar – in only a matter of months, you will be surprised to find how much you have saved.

5) Banish your inner impulse buyer.  How, you ask?  Write it down.  Keep a note pad handy.  When you see something you covet…..  write down what it is, where you saw it and how much it would set you back.  If you still find yourself thinking about it a week later – it is no longer an ‘impulse’, but a choice.

Thank you to my amazing friends who shared tips including:

I would love to know if you have other tips?  The more the merrier….  Happy Saving.

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I resolve…. to give myself permission to JUST BE….

December 31, 2010 By 9 Comments

All of the chatter around New Year’s Resolutions typically gives me a headache – mainly because I start to feel all panicky, asking myself a series of Danielle -you-must-resolve related questions:

What do I need to change?  What have I done well, but could I do better?  What have I NOT done well and desperately need to adjust? If I decide to make this ever-growing list…..Will I ever LAST?

Typically, I abide by a personal theory – my NEW YEAR is actually on my birthday.  Not on January 1st.  This means, naturally, that I have an extra three weeks to rework, revamp, resolve and refresh.

But instead of stressing about all of this ‘re’ business, I’m resolving to do only one thing:

I’m giving myself permission to JUST BE.

2010 has been amazing.  I would like to reflect on it and absorb its highs and lows without the pressure of deciding what I could have done or should have done *better*.

I have had so much running around in my head – so many goals and wishes and dreams – I keep hearing, ‘go big or go home’, ‘write it down, make it happen’, ‘set your goals for 2011′ and the like…..  and while I agree, I really do….  what I need…. what I want…. is to JUST BE. Just like I am in that picture with Delaney.  I am living completely in that moment.

I want to ponder. To ruminate. I want to reflect on the greatness of the people who inspired me. I want to relish the experiences.  I want to treasure the moments – the little ones and the gigantic ones that shaped this year.  And in order to do that….  you know what I have to do?

I have to JUST BE.

So, in the coming weeks, as my reflections and ruminations morph into plans, I will share….  In the meantime, I would love to know what is inspiring you as we celebrate the beginning of 2011.

I would like to thank the amazing folks at Paper Culture for being a part of one of the most inspiring experiences I had this year.  They were one of two companies to sponsor the Creative Alliance Conference in October- during which I discovered new friends and created alliances that are still shaping who I am today….  That holiday card pictured is the one I created with Paper Culture to send out for ExtraordinaryMommy – and honestly, it makes me excessively happy EVERY time I look at it.

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I Just Know

November 18, 2010 By 26 Comments

It may have been the woozy feeling.

It could have been the tenderness in my breasts.

It might have been my bloodhound nose.

But, whatever it was…..  I knew.

And not a wishy-washy-maybe-might-be-could-be….

This was a DEFINITE-I-KNOW.

With both small people, I KNEW my body was shifting…adjusting….accommodating…making room for another PERSON.

And now, I know something else.

I’m done.

I have two, beautiful-healthy-fabulous-wonderful-crazy-small-people.

And it is enough.

I could give you a litany of reasons.  I’m over 35. A pregnancy now would be a High Risk pregnancy. I almost died during child-birth (True.  And a story for another day).  I have a boy and a girl. Our family of four just works.  I don’t want to go back to the baby stage.  Things are just now getting easier.  I didn’t love being pregnant.  I have no desire to have my kidneys and liver punched by tiny fists.

But not one of those really matters when stacked up against this:

My family is complete.


I have two small people:  Delaney and Cooper.  And I’m good -great-supercalifragilistic-about it.

I swear.

I JUST KNOW.

About a year ago, when I first started to hint that I *might* be done having kids, my mom said, “Just know that the longing to have more will likely never go away – and you just have to be ok with it.”

Here’s the thing….  the Longing is LONG gone.  Really.

I don’t miss that new baby smell.  My breasts don’t ache around newborns.  My loins don’t flutter when I pass a baby store.  I don’t miss the baby kicking when my stomach growls.

And I get it…..  this all makes me, maybe, slightly unusual.  I have a LOT of friends who are still contemplating.  And they might be contemplating for a long time.

But, I will be honest…  the KNOWING is extremely peaceful.

And peace is all I can ask for.

Especially as Jeff makes good on that appointment he had. With Dr. Shnip.  Today.

Wish him luck.  And many bags of frozen peas.

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