Deleted
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Post by Deleted on Mar 17, 2019 21:55:04 GMT
For the posters that are referring to the copyrights of the photos. Yes, photos are copyrighted but this woman isn't making money from the photographs, she's making money from her advice on how to eat clean. There's a difference. Now if she was making framed pictures or selling those photos so you can decorate your kitchen wall with them then she would be breaking copyright laws as the item she was selling would be useless without the photos. The photos would then be an integral part of what she is selling. Copyright laws are there so that others can't gain financially by someone else's work. She gains financially from her advice on clean eating and not by the photos. She would still make money whether she used photos or not of the recipes.No one is buying her clean eating plan just for the photos. This is partially true and partially false. The creator of the photo owns the copyright unless expressly states otherwise. Fair use of photos would be for commentary, education, criticism, research, parody, or other work that comments upon or adds to the original work itself. In this case the recipe compiler is treading on I think a rather thin line. If the photos are being reproduced for teaching this is fair use. If they are being used for selling a cookbook this is infringement. It is my opinion that because she is making money from her program it would tend to be the latter case, that she is using copyrighted images in a commercial fashion and in my estimation the compilation of the recipes is not transformative enough to be an exception to copyright but I’m a layperson and not a lawyer. It wouldn’t pass the smell test in my classroom. But she's not selling a cookbook though. She's illustrating via recipes and photos of what clean eating is, the plan she is selling is clean eating advice. Therefore the photos are being reproduced as a visual teaching aid of clean eating. One cannot contact her or accuse her of using copyright images unless A. You ( general you) knows for certain that these are copyright images and who they belong to and B. no one knows where the origin of these photos came from the blogger on Pinterest. C. She could very well have got the images from a free to use site as I said earlier.
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Post by librarylady on Mar 17, 2019 22:24:31 GMT
I would not want to follow this person. Her actions make it seem that she wants to deceive her followers, so I would avoid her and whatever she is promoting.
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Post by katiekaty on Mar 17, 2019 22:30:49 GMT
Funny thing about the photo you showed in you OP, I have that photo save on one of my boards for that recipe and another similar recipe. I just put it down to it being like a "stock" photo. The first recipe I made with it doesn't really look like it and the second is almost identical. So figure.
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Post by SweetieBugs on Mar 18, 2019 0:10:18 GMT
Same as katiekaty, I've seen that same photo of the roasting pan with veggies on more than 2 different blog sites for roasted veggie recipes.
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Deleted
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Sept 30, 2024 3:23:29 GMT
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Post by Deleted on Mar 18, 2019 0:30:15 GMT
I googled the image and the recipes that had those images seem to reference the original source which appears to be loulougirls. www.loulougirls.com/2018/07/one-pan-balsamic-chicken.html I'm not entirely convinced that it's a stock photo people are using because quite frankly, it isn't that impressive of a photo.
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Deleted
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Post by Deleted on Mar 18, 2019 0:46:15 GMT
Wonder why she doesn't just take her own photos? It's not that hard. Actually, taking GOOD photos of food that look appetizing is harder than taking photos of people.
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Deleted
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Post by Deleted on Mar 18, 2019 0:52:43 GMT
I can’t understand the problem. She’s advising people on a clean eating plan & providing some recipes that you can try. Does she say anywhere on her FB page or in the cookbook that the recipes are her own creations? If not then all she is doing is sharing recipes that fit in with her clean eating plan. The recipes may very well link back to someone else’s blog on Pinterest but there’s no guarantee that they were created by that blogger either. No one really can put a copyright on recipes as there is no way on this earth that anyone can prove the recipes were theirs to begin with. Same thing applies to the photographs of a finished dish.As a photographer I absolutely CAN prove a photo is mine even if it is of a dish from someone else's recipe. Original digital images have metadata tags on them relevant to the camera that took them along with a load of other information such as date/time and my name. I strip it from online photos but I can provide the original files if I ever need to.
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trollie
Pearl Clutcher
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Jul 2, 2014 22:14:02 GMT
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Post by trollie on Mar 18, 2019 0:54:01 GMT
Anyone else wanna try this recipe? Looks good!
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Deleted
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Post by Deleted on Mar 18, 2019 0:54:23 GMT
And for the record, a photo can be a "stock" photo but that gives you no right to use it without permission unless you are the one that paid the stock fee. Only images that are royalty free can be used without payment.
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AnotherPea
Pearl Clutcher
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Jan 4, 2015 1:47:52 GMT
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Post by AnotherPea on Mar 18, 2019 1:03:41 GMT
For the posters that are referring to the copyrights of the photos. Yes, photos are copyrighted but this woman isn't making money from the photographs, she's making money from her advice on how to eat clean. There's a difference. Now if she was making framed pictures or selling those photos so you can decorate your kitchen wall with them then she would be breaking copyright laws as the item she was selling would be useless without the photos. The photos would then be an integral part of what she is selling.Provided those photo had copyright protection and not from a free to use site. Copyright laws are there so that others can't gain financially by someone else's work. She gains financially from her advice on clean eating and not by the photos. She would still make money whether she used photos or not of the recipes.No one is buying her clean eating plan just for the photos. I don’t think that reasoning would hold up in any court.
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Deleted
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Sept 30, 2024 3:23:29 GMT
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Post by Deleted on Mar 18, 2019 1:30:55 GMT
I can’t understand the problem. She’s advising people on a clean eating plan & providing some recipes that you can try. Does she say anywhere on her FB page or in the cookbook that the recipes are her own creations? If not then all she is doing is sharing recipes that fit in with her clean eating plan. The recipes may very well link back to someone else’s blog on Pinterest but there’s no guarantee that they were created by that blogger either. No one really can put a copyright on recipes as there is no way on this earth that anyone can prove the recipes were theirs to begin with. Same thing applies to the photographs of a finished dish.As a photographer I absolutely CAN prove a photo is mine even if it is of a dish from someone else's recipe. Original digital images have metadata tags on them relevant to the camera that took them along with a load of other information such as date/time and my name. I strip it from online photos but I can provide the original files if I ever need to. I'm talking about this particular case though voltagain. The OP is asking for advice whether to confront the" eat clean" woman with the suggestion that she's using the Pinterest blogger's images. Of course I know that photographers can prove they have rights to their images but in this case you would have to be pretty certain that you were not accusing someone based on just the evidence that it was the same photo on a Pinterest board which could also potentially not be the original owner of that photo. There is no way for the OP to be able to prove that except by making a potentially defamatory accusation against the "eat clean" woman. I should have made it a bit clearer in what I meant.
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pinklady
Drama Llama
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Nov 14, 2016 23:47:03 GMT
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Post by pinklady on Mar 18, 2019 1:31:05 GMT
I’m ready for flames but I just don’t get the whole you gotta give credit brewhaha on the internet. Whether it’s copying cards, layouts, recipes, this is just so low on my offense radar.
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Post by janskylar on Mar 18, 2019 1:34:57 GMT
At the very least, it sounds like she's missing an opportunity to credit the original recipe AND teach you how to adapt it to clean eating at the same time.
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Deleted
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Post by Deleted on Mar 18, 2019 1:37:55 GMT
I googled the image and the recipes that had those images seem to reference the original source which appears to be loulougirls. www.loulougirls.com/2018/07/one-pan-balsamic-chicken.html I'm not entirely convinced that it's a stock photo people are using because quite frankly, it isn't that impressive of a photo. And I got it via google from Family Thyme Kitchen which looks like an on-line catering company.
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Post by birukitty on Mar 18, 2019 1:48:19 GMT
This is partially true and partially false. The creator of the photo owns the copyright unless expressly states otherwise. Fair use of photos would be for commentary, education, criticism, research, parody, or other work that comments upon or adds to the original work itself. In this case the recipe compiler is treading on I think a rather thin line. If the photos are being reproduced for teaching this is fair use. If they are being used for selling a cookbook this is infringement. It is my opinion that because she is making money from her program it would tend to be the latter case, that she is using copyrighted images in a commercial fashion and in my estimation the compilation of the recipes is not transformative enough to be an exception to copyright but I’m a layperson and not a lawyer. It wouldn’t pass the smell test in my classroom. But she's not selling a cookbook though. She's illustrating via recipes and photos of what clean eating is, the plan she is selling is clean eating advice. Therefore the photos are being reproduced as a visual teaching aid of clean eating. One cannot contact her or accuse her of using copyright images unless A. You ( general you) knows for certain that these are copyright images and who they belong to and B. no one knows where the origin of these photos came from the blogger on Pinterest. C. She could very well have got the images from a free to use site as I said earlier. I'm sorry Dottyscrapper but I think you're still confused. As a former pro photographer I know a bit about copyright and photographs although it's been a few years since I've had this issue apply to me personally. A photo is copyrighted when a person clicks the shutter. There is no need for it to be registered with the copyright office, although that does offer the photographer some additional protection. Therefore these photos are copyrighted images as all photographs are. There is also no need to add the copyright symbol to photographs for it to be copyrighted. No photos are allowed to be copied and used without the copyright owner's permission. The copyright owner decides if she/he will allow the reproduction of the photo to be used for no money or for an amount of money, for one time for for any number of times depending on the situation. Stealing a photo for use without the copyright owner's permission for any use with or without intent can result in fines. If the photo was copyrighted in the copyright office this can result in fines up to 150,000 for each photo plus all legal fees. If the photo wasn't registered with the copyright office the photographer would recover only actual damages. This is the law in the USA. In other countries it would differ. So yes, B could apply but the photos had to have come from a photographer and whoever that photographer is this author stole these photos from that photographer. C, I suppose these photos could have been part of a royalty free site but personally I myself highly doubt it. Not when it's so easy to right click and steal a photo from the internet. I abhor the act of stealing photographs from the person who created them-the photographers. Just like I abhor the act of stealing music or books. It's theft pure and simple. Just because you can doesn't mean you should. OP I wouldn't confront this cookbook person at all. I would try to track down who's photos these are and let them know that what this cookbook person is doing. Thank you for being so honest and knowing how wrong this is!
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Post by circusjohnson on Mar 18, 2019 2:30:40 GMT
But she's not selling a cookbook though. She's illustrating via recipes and photos of what clean eating is, the plan she is selling is clean eating advice. Therefore the photos are being reproduced as a visual teaching aid of clean eating. But she is selling it as part of a package deal you give me x amount of dollars and I'll give you tips about healthy eating and recipes that you can use and..... whatever is included in the price. It's how she gets people to buy her product. She offers a package of items to increase the value of what she is offering.
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Post by mom on Mar 18, 2019 2:36:55 GMT
Is there any way to know FOR SURE who did the original photos? If you can be sure, I’d contact them and let them know what’s going on. I probably would also say something to the person who is using them if you know they are not HER photos. Sounds like a no-brainer that "she knows what she did" but it may be that she doesn’t understand that photos are copyrighted, While I can't be sure the instagrammer stole these images, there are literally two dozen photos I question - all from different cooking sites. If they were just a few, I might not think much about it. BUT there are literally two dozen that go back to cooking magazines and food bloggers.
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Deleted
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Post by Deleted on Mar 18, 2019 2:36:56 GMT
@birulitty I'm obviously not explaining myself very well. I'm not talking generally of copyright on photos but only about this particular case. You can't just accuse someone of copying a photo if one doesn't have the proof or knowledge that the person hasn't bought the use of that photo or had permission from whoever to use it. This is what the poster wrote in her opening post
I'm in no way a professional photographer but I do a lot of photography on an amateur basis so I do have a good knowledge of the rules of copyright but I'm not disputing the rules generally pertaining to copyrights.
I've googled this photo and come up with a number of hits. Therefore, I would give this woman the benefit of the doubt if I was the OP for the reasons I've pointed out in previous posts. There is no way that the OP can legitimately confront the woman based on the information the OP has. It's all assumptions.
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Post by birukitty on Mar 18, 2019 5:05:47 GMT
@birulitty I'm obviously not explaining myself very well. I'm not talking generally of copyright on photos but only about this particular case. You can't just accuse someone of copying a photo if one doesn't have the proof or knowledge that the person hasn't bought the use of that photo or had permission from whoever to use it. This is what the poster wrote in her opening post I'm in no way a professional photographer but I do a lot of photography on an amateur basis so I do have a good knowledge of the rules of copyright but I'm not disputing the rules generally pertaining to copyrights. I've googled this photo and come up with a number of hits. Therefore, I would give this woman the benefit of the doubt if I was the OP for the reasons I've pointed out in previous posts. There is no way that the OP can legitimately confront the woman based on the information the OP has. It's all assumptions. Dottyscrapper I think you explained yourself very well. Is the OP 100% sure the cookbook woman copied these photos without permission from the photographers who own the copyrights to the photos? No. What is the likelihood that this woman copied and used these photos without permission? Well, logically in my mind since 1. she copied the recipes first and changed just a few things and 2. photos are copied all of the time from the internet without permission I'd say there's probably a 75% chance or more that these photos were stolen. The OP came here to ask would this bother us to get our opinion. To find out what we would do. Personally I'd try to track down where the photo came from and contact that person asking them-are you the original photographer and if so, did you know that X copied your photo and used it here? As a photographer I'd be extremely grateful if someone did that for me. As I think we all would be. If the person says, "Oh yeah, no worries. I gave her permission to use it" then no harm done.
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Post by birukitty on Mar 18, 2019 5:15:13 GMT
Is there any way to know FOR SURE who did the original photos? If you can be sure, I’d contact them and let them know what’s going on. I probably would also say something to the person who is using them if you know they are not HER photos. Sounds like a no-brainer that "she knows what she did" but it may be that she doesn’t understand that photos are copyrighted, While I can't be sure the instagrammer stole these images, there are literally two dozen photos I question - all from different cooking sites. If they were just a few, I might not think much about it. BUT there are literally two dozen that go back to cooking magazines and food bloggers. Oh my gosh-cooking magazine that are published in print? Those use highly paid professional food photographers who are really going to be pissed off and likely to sue this woman for breaking copyright law if she stole those images. At least that's the way it used to be. And rightly so! It's not as easy as snapping a shot with an Iphone. Food photography is a specialized field of photography just like wedding photography is a specialized field of photography. It's very difficult to make food look delicious and appetizing in a photograph. OP these photographers should be easy to find. They usually have their information printed somewhere in the magazine as a credit line. I would start with them if you decide to pursue notifying the photographers as they would be the easiest to contact. I've got another migraine coming on so I'm going to have to close for now. We've got another Pea who's a full time working professional photographer who might want to chime in. I can't think of her name right now but she also does the water color paintings that are so amazing. Can anyone think of her name?
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Post by mom on Mar 18, 2019 5:33:27 GMT
While I can't be sure the instagrammer stole these images, there are literally two dozen photos I question - all from different cooking sites. If they were just a few, I might not think much about it. BUT there are literally two dozen that go back to cooking magazines and food bloggers. Oh my gosh-cooking magazine that are published in print? Those use highly paid professional food photographers who are really going to be pissed off and likely to sue this woman for breaking copyright law if she stole those images. At least that's the way it used to be. And rightly so! It's not as easy as snapping a shot with an Iphone. Food photography is a specialized field of photography just like wedding photography is a specialized field of photography. It's very difficult to make food look delicious and appetizing in a photograph. OP these photographers should be easy to find. They usually have their information printed somewhere in the magazine as a credit line. I would start with them if you decide to pursue notifying the photographers as they would be the easiest to contact. I've got another migraine coming on so I'm going to have to close for now. We've got another Pea who's a full time working professional photographer who might want to chime in. I can't think of her name right now but she also does the water color paintings that are so amazing. Can anyone think of her name? Not sure if they were ever published in magazines but they are on a magazines website as online content. Also? I think you are thinking of freebird . I will tag her and see what she says. I did go ahead and email a couple of the bloggers to see what they said. Haven't heard back. In my gut, I just think this is so wrong, even if 'technically' allowable.
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Post by ~summer~ on Mar 18, 2019 5:40:41 GMT
Sorry I haven't ready this whole thread, but once you put photos up on Pinterest or Instagram, aren't they public? can't anyone use them?
But I still would not want to follow this person - how did you hear about her?
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Post by birukitty on Mar 18, 2019 6:12:26 GMT
Oh my gosh-cooking magazine that are published in print? Those use highly paid professional food photographers who are really going to be pissed off and likely to sue this woman for breaking copyright law if she stole those images. At least that's the way it used to be. And rightly so! It's not as easy as snapping a shot with an Iphone. Food photography is a specialized field of photography just like wedding photography is a specialized field of photography. It's very difficult to make food look delicious and appetizing in a photograph. OP these photographers should be easy to find. They usually have their information printed somewhere in the magazine as a credit line. I would start with them if you decide to pursue notifying the photographers as they would be the easiest to contact. I've got another migraine coming on so I'm going to have to close for now. We've got another Pea who's a full time working professional photographer who might want to chime in. I can't think of her name right now but she also does the water color paintings that are so amazing. Can anyone think of her name? Not sure if they were ever published in magazines but they are on a magazines website as online content. Also? I think you are thinking of freebird . I will tag her and see what she says. I did go ahead and email a couple of the bloggers to see what they said. Haven't heard back. In my gut, I just think this is so wrong, even if 'technically' allowable. If they are on a magazine's website in an online format (like Better Homes and Garden's) that's the same thing as published. And yes I was thinking of freebird thank you. I couldn't think of her name for the life of me. It's not technically allowable. It's illegal but people still do it who either don't know it's wrong or do know it's wrong but don't care. Regardless of if it's published or just some random photograph from anyone it's a copyrighted photograph the second that shutter is clicked and can't be copied without permission from the original photographer. Period.
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Post by mom on Mar 18, 2019 6:23:42 GMT
Sorry I haven't ready this whole thread, but once you put photos up on Pinterest or Instagram, aren't they public? can't anyone use them? But I still would not want to follow this person - how did you hear about her? I actually followed her when she was an overweight , home decorator. And I watched her lose the weight and change her lifestyle. She's been really inspiring, and the 6 week class was inexpensive, so I figured why not. Now I just have a bad taste in my mouth with her.
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craftykitten
Pearl Clutcher
Posts: 4,304
Jun 26, 2014 7:39:32 GMT
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Post by craftykitten on Mar 18, 2019 9:13:20 GMT
Sorry I haven't ready this whole thread, but once you put photos up on Pinterest or Instagram, aren't they public? can't anyone use them? But I still would not want to follow this person - how did you hear about her? No, if they are your photos you own the copyright. Just because you can download something doesn't mean you have the right to use it.
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Post by miss_lizzie on Mar 18, 2019 10:37:19 GMT
And for the record, a photo can be a "stock" photo but that gives you no right to use it without permission unless you are the one that paid the stock fee. Only images that are royalty free can be used without payment. That’s not true. There are two kinds of stock images: royalty-free and rights managed. Both kinds cost money. Royalty free images can be used for a certain number of “impressions”: print/web/whatever for an unlimited time. The use of right managed images has to be approved before purchase and pricing is done individually for a set amount of time.
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Post by pierkiss on Mar 18, 2019 11:11:14 GMT
Yes, if someone were stealing my photography and making money off of my photos I would be SUPER PISSED. I would absolutely want to know about it.
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Post by pierkiss on Mar 18, 2019 11:28:39 GMT
Sorry I haven't ready this whole thread, but once you put photos up on Pinterest or Instagram, aren't they public? can't anyone use them? But I still would not want to follow this person - how did you hear about her? No, the copyright still belongs to the original photographer and credit should be given. Just because some random person pops it onto Pinterest doesn’t make the picture suddenly fair game for theft and unpaid use.
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Post by mustlovecats on Mar 18, 2019 11:44:34 GMT
I’m ready for flames but I just don’t get the whole you gotta give credit brewhaha on the internet. Whether it’s copying cards, layouts, recipes, this is just so low on my offense radar. If I copy a card or a layout, I’m doing my own work using someone else’s as a template. But if I take someone else’s photo and present it as if it were my own work, then I didn’t do my own work, I just did the work of copy pasting someone else’s. The difference between inspiration and just plain stealing is why copyright laws exist, the internet has made both a lot easier.
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Deleted
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Sept 30, 2024 3:23:29 GMT
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Post by Deleted on Mar 18, 2019 12:25:27 GMT
Fun fun, here is another photo: Now this one is easier to trace I think than the ones in your OP. I'm pretty certain that this one has come from here. The blogger's personal profile says she's a cook, photographer and a mother. Based on that information I would say she photographs her own cooked meals, therefore, I'm pretty certain the photograph would belong to her. If you really want to continue with checking this lady of the " clean eating" out start with this photo.
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