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Archive for the books Category

Bloggers Own Copyright Like Any Other Writers

A colleague at the Editorial Freelancers Association asked for information on blogging and copyright in the U.S. after he read a U.K. blogger’s post at Real E Fun on “Copyrights and Copywrongs.” As a copyright and permissions editor who also blogs, I had a pretty strong reaction to the U.K. blogger’s report on copyright infringement by the Daily Mail.

It helps if you read “Copyrights and Copywrongs” before reading my slightly emotional assessment.

— Good. Now on to the copyright rant. —

The whole idea that only “professional writers” qualify for reprint fees is loony. And that bloggers are not professional writers, so their work can be used for free — bah!

Not only do many professional writers blog, but whether “you’ve been paid for it” (the only actual difference between “professional” and “amateur” writers) has NOTHING to do with copyright protection. If the newspaper liked the writing well enough to print it, then they better well pay a reprint fee. What stuffy nonsense!

(I must be miffed. Look at all those scare quotes!)

The same reasoning in the U.K. article applies in the U.S. That is, blog authors hold copyright to their work until they’ve signed a contract to transfer it to someone else. Posting content on the Internet does not place it in the public domain. If another publication (print or electronic) wants to reprint a blog entry, that publication must first obtain permission from the blogger.

I have a copyright statement on my blog that lists an email address where I can be reached to make it easy for people to write and request permission. If you like my writing, c’mon and shoot me an email if you’d like permission to run it somewhere else. I would love to hear from you. If I really, really like you I may even decide to grant you permission for FREE! Or we could barter. I like stuff. Do you have stuff? Or we can do it the old-fashioned way and you can give me money for a non-exclusive reprint license. I’d like that, too. It’s easy and fun! Let’s be friends.

You never know until you ask. But you do have to ask. Because reprinting someone else’s work without permission is copyright infringement. Which is breaking the law. Which is a crime. Why commit a crime when you can just send an email (or fax or letter by courier pigeon) and ask for permission?

My friend at the EFA writes his blog anonymously and he wondered if that had any effect on copyright issues. My answer: He still holds copyright to his blog. The downside of anonymity is that it makes it more difficult for other publishers to find him to request permission. But it does not mean that publishers have a legal right to skip obtaining permission just because he is difficult to find.

Of course, this doesn’t stop people from using the copyright-holder-is-too-hard-to-find argument and reprinting material without permission. People sometimes do and believe whatever they like until they’re caught and dragged into court. But this argument is still generally inexcusable.

(A total aside: U.S. lawmakers are still working out what we’re supposed to do about actual orphan works — and orphan works are a whole other kettle of fish that I’ll have to discuss some other time. Check out LibraryLaw Blog’s “Why We Need Help with Orphan Works” for a start.)

I find that most people who complain are not actually talking about legitimate orphan works anyway. Upon further inspection, they’re talking about regular permissions that they are too lazy to clear. I have heard many whines and grumbles — from publishing professionals and amateurs alike — about “Can’t we just say it’s fair use? Why doesn’t my single Google name search qualify as due diligence? It’s so HARD to research copyright holders and get permissions . . .”

Well, my answer is dry your tears. This is business so just do the math. You can either 1) do the work and get permission, 2) drop the material, or 3) hire a lawyer willing to fight for lame excuses in court once you’ve been sued. Your financial advisor can confirm that permissions editors are much cheaper than lawyers.

If you prefer to write anonymously as a blogger, perhaps you might consider getting a special email address you can list on your blog so that people seeking permission can contact you this way. And you can still put some sort of copyright notice on your blog, but you might shy away from the U.S. Copyright Office’s sanctioned format because it will include your name: Copyright YEAR NAME.

I don’t know how much protection you’d have by signing with your blogger identity, as in “Copyright 2008 The Anonymous Blogger.” Since I blog using my full name, it’s not been an issue I’ve had to research. But when in doubt you can always go back to the source. The U.S. Copyright Office provides many informative publications that should reveal what is at stake for an anonymous blogger. Circular 1: Copyright Office Basics is a good place to start.

Also, if you want a reprint fee for use of your work, at that point you’re going to have to lose some anonymity if you want someone to write you a check.

There is a lot of copyright education that still needs to be done — as you can tell from the U.K. author’s post, the misconception that “if it’s on the Internet, it’s free” directly affects all copyright holders. Also, as a permissions editor, I spend a fair amount of time reviewing these issues for clients and colleagues. If you have a particular question, please shout it out in the comments section or send me an email.

I’ve thought about copyright issues regarding my blog and I’ve decided that it’s still worth blogging even if being on the web makes it extremely easy for people to steal my writing. What I’ve decided to do is monitor my Internet presence through Google vanity searches. I periodically look up my name and key sentences from blog posts to see if I’ve been poached. So far so good.

But if (maybe when?) I do find someone who has made an unauthorized reprint online, I look forward to going after them (and my paycheck). As for unauthorized reprints in print publications, well, it is true that I can’t read everything ever published. But if I come across an infringement in print (or receive a heads-up from a friend), I’ll go after that paycheck as well. I’ll give no freebies after a copyright infringement.

Updated May 20, 2008: Colleagues have also pointed me to two other articles of interest on the pending Orphan Works legislation.

Today the New York Times ran an op-ed piece called “Little Orphan Artworks,” by  Lawrence Lessig.

And attorney and author Joy Butler covered the issue yesterday on her blog, Guide Through the Legal Jungle, with a post called “What Copyright Orphan Work Legislation Does and Does Not Do.”

This Pie Is Right

Pumpkin Pie O’ Mine

I finally made that pie I dreamed of. And it was better in real life.

It’s the pan. I know it’s the pan. I’ve baked dozens and dozens of pies and this is the first time I have ever inspected the crust and the word “perfect” left my lips in a whisper. It was evenly golden brown from the crusty fluted edge to the center of the bottom.

No dark spots, and no vaguely overbaked too-dark aftertaste. Also, no soggy part there in the middle because you took it out early worried that the edge would char.

And I did not shield it while it was in the oven — neither with one of those aluminum shields nor with foil. I didn’t need to because the stoneware pan baked the most fantastically even crust. I’m not going back. Not ever.

The photo above is of the first pumpkin pie in the Pampered Chef Stoneware Deep Dish Pie Plate in Cranberry. I made a second one this past Sunday when I had out-of-town guests stop over for dinner. It was as perfect as the first. Yes, I know that may be difficult to believe, but you’ll either have to trust me or get a hold of one of these pans and test it yourself. (If you need a PC consultant, I can refer you to mine. Just drop me a line.)

There has got to be a lot more pie now. Not only because I loved the fantastic results from the first two pumpkin pies. But also because baking pies this past week reminded me how easy it is to make something that improves my life by leaps and bounds.

I know there are people who fear pie baking because the crust makes them nervous. I think pie baking has a lot to do with confidence. And if you’re not confident from the start when you’ve made your first few pies, you need to keep baking more pies until you earn that confidence. It will come. And in the end you too will get fantastic results.

I’m fortunate to have learned pie baking at the elbow of two fine ladies – my maternal grandmother and my step-mother – and neither of them had any pie fear. Both made the crust by hand by cutting vegetable shortening into flour with a pastry blender or with a fork. Both got delicious results.

I’ve done it that way and I’m nostalgic about the method because it’s what I first learned. But, in my adulthood, I’ve been fortunate to receive a KitchenAid stand mixer as a gift and I recently have used it to blend the fat into the flour. It is very fast and thorough, which is especially good when you’ve got more on your to-do list today than “bake pie.”

My current pie pastry recipe contains all butter (plus flour, salt and water) and comes from Rosie’s Bakery All-Butter Fresh Cream Sugar-Packed No-Holds-Barred Baking Book by Judy Rosenberg (see the recipe on page 175 for Basic Pie Crust 1). I have also enjoyed using a crust based on vegetable oil, which I learned in my home economics class in the seventh grade. I think that there are lots of good crusts out there and I don’t think any are inherently better than others since taste and preferences are very personal.

But I tend to go back to the all-butter crust time and again because (1) it’s butter, and butter tastes better to me and (2) I have such excellent results rolling out this crust. I place the refrigerated disk of dough on waxed paper or plastic wrap, and I roll it out with my rolling pin using no additional flour. As long as it stays reasonably cold, it does not stick to the pin. If you need to work very slowly, just slide it gently back into the fridge when it starts to stick. Slide your hand under the waxed paper or plastic wrap and the gently turn it dough-side-down into the pie plate. Then gently peel away the paper or plastic and guide the dough to fill all corners of the plate. Fancy up the crust with your favorite design — I prefer crimping by hand.

For the pumpkin filling, I did a search through my recent favorite cookbooks. I did not want to trudge up to the store just to buy the evaporated milk that is an ingredient in many pumpkin pie recipes. Instead, I found a lovely alternative in From Amish and Mennonite Kitchens by Phyllis Pellman Good and Rachel Thomas Pellman.

Their recipe on page 212 contains the usual ingredients with the addition of one tablespoon flour (as a thickener, I think), one tablespoon molasses or King Syrup and one tablespoon of browned butter. Where they called for one half cup each of milk and cream, I substituted one cup of whole milk. I spiced it with ground ginger and cinnamon and left out the nutmeg because I’m running low and needed it for my secret ingredient in mashed potatoes.

This is a fantastic pumpkin custard — so delicious, soft and smooth. Once again, I’m not going back to the old way with the canned milk. I like this better. It is simpler because I often have milk in the fridge but have to buy evaporated milk just for pumpkin pie. What for? No reason, it turns out. It seems like lots of interesting things happen when I make do instead of buying ingredients just because they’re listed in a recipe.

I had been putting off pie baking for months, as I mentioned in my post about Pie Dreams, and as I slid the first pumpkin pie into the oven, I thought, shame on me! This was not some sort of difficult project to dread and delay. It was easy and fun. But I let myself get too busy and forget.

It’s amazing how finally doing something you’ve had on your mind opens the world up to you. I need to start baking pie all the time; weekly, at least, because I need to solidify my relationship with it. So I’m adding that to the cooking plan. My last pie was this past Sunday, so I need to get another one in by the end of the weekend. I’m going to go for the other dream pie: Amish-style oatmeal pie. Then we’ll see where the wind takes me.

What Do You Want To Eat?

I’ve been a freelance permissions editor for eight years now, except for four months last year when I worked full-time as a permissions editor for SAGE Publications, Inc. When I decided to return to freelancing, one of several factors affecting that decision was food.

With the long commute and the rigid schedule required by office work, I could not seem to get any cooking done. It was a high-stress position, and I used each weekend to recuperate from the past week and get ready for the next.

Somehow I could not scrounge up any creative energy or joy to plan new meals, restock the pantry, and cook to fill the freezer. I hoped that over time it would get easier, but months passed and it didn’t. Eric and I ate through our stockpile of frozen, pre-made and portioned foods and then turned to take-out in desperation.

I live in Los Angeles, and everyone here seems to eat out as the solution to finding food on a busy schedule. But I have trouble feeling satisfied with take-out. When it becomes a habit, it tends to make me feel dull and listless. I can never answer the question, “What do you want to eat?” when handed a fistful of take-out menus.

I guess I get confounded by take-out because what I want is usually found in a home kitchen. I want variety and convenience. I want high-quality, inexpensive, home-cooked food. I want to eat an incredible soup and sandwich combo ten minutes from now for under $1. I want an organic omelet with eggs laid by happy, vegetarian chickens living la vida free-range.

Again: variety, convenience, high-quality, inexpensive. I want all of it together, and it’s not really out there. It’s in here, in my own kitchen.

Perhaps most people don’t find cooking at home to be convenient. You’ve got to have the right ingredients on hand and they need time and attention, and then don’t forget all those dirty dishes at the end.

Sure, that’s true. But I have a basic pantry of dry goods. I keep a small array of veggies on hand (onions, peppers, carrots, celery, potatoes, cabbage), and since I’m cooking every day it’s easy to eat things before they expire. I keep some meat in the freezer. And I strategically selected this apartment because it’s walking distance to three major grocery stores: Trader Joe’s, Ralphs, and Gelson’s. There is also a small produce market nearby. If I really want something else, I just need to put on my walking shoes.

The time and attention that go into cooking are an important draw to get me away from this computer screen, which I would otherwise gaze into all hours of the day. And the dish washing doesn’t bother me. I do most of it in the morning while I clear the sleep from my mind, plan my important to-dos for the day, and get that breakfast oatmeal on the burner.

I don’t have a rigid cooking plan because I don’t respond well to rigid anything. I would only cause a mess by planning a week full of square meals because I would start with good intentions Sunday and by Tuesday be angry that I was stuck with all these square meals. It doesn’t matter that I chose them myself before shopping carefully on Sunday — by Tuesday I would feel penned in, not liberated. Sometimes you have to anticipate your failings and plan to succeed around them.

My cooking plan instead involves loose cooking practices. I started with a small one, the oatmeal habit (see my first post, Donut Consequences, for the origin story). That is my breakfast default. If we have a box of celebratory donuts on the counter, then I can choose to go ahead and eat one. Or, if it’s the weekend, I may splurge and make a special cowboy breakfast of fried eggs, hash browns, beans, toast and coffee. But if I wake up and have no clue what I want for breakfast, I put on the oatmeal. It keeps my brain from starving on days where I need to stay focused on work (all of them, really).

Next, I rely heavily on soups. I make a giant vat of some new soup each week, store four or six portions (where a portion equals one meal for two adults in my household) in the freezer for later use, and then serve the remainder of the soup with different accompaniments for lunch all week. Some soups are vegan, some are vegetarian, some have meat or meat stock.

There are a few favorites that I keep on hand almost always. I have a standard all-vegetable soup based on cabbage, carrots, potatoes, and kale in a tomato broth. It’s vegan, incidentally, and homey and delicious. I’ve fiddled with the recipe, but it started as Southern Vegetable Soup from Victor-Antoine D’Avila-Latourrette’s Twelve Months of Monastery Soups.

I made it yesterday, in fact. It goes with toasted cheese one day, then fresh hot cornbread the next, then whole-wheat crackers, then a fried egg on toast. On day five, Eric and I discuss: “Should we go back to toasted cheese or make more cornbread? We haven’t made bean and cheese quesadillas yet . . . ooooh, that’s it!” It stays interesting this way. And honestly, I love that soup so much that I could eat it alone every day for a very long time without tiring of it. It is homemade and it is mine.

I love to keep a pureed pinto bean soup that also doubles as an excellent dip when boiled down with shredded cheddar melted into it. I made this one last week. It starts out vegan (before you add dairy to garnish it) and is fantastic paired 50/50 in a soup bowl with cooked brown rice. Garnish with salsa, scallions, cilantro, a squeeze of lime, sour cream, yogurt, cheddar, whatever you have.

Again, I was inspired by a cookbook and then altered the outcome according to what I had on hand. See page 53 of Vegetable Soups from Deborah Madison’s Kitchen for the original Pinto Bean Soup. I tend to add carrots, celery and green peppers where the recipe suggests only onions, garlic and chiles. I like adding more veggies to this one especially because they add complexity to the flavor when I use the soup as a dip, which I do often. It also converts quickly to refried beans (remember cowboy breakfast?) or a filling for quesadillas and tacos.

As I prepare for a busy spring and summer I will stay diligent, cooking and freezing portions of a new soup each week. I want to cook far enough ahead so that when I am hungry I can heat up something great without needing any more brain cells than boiling requires. As I mentioned before, by the time I’m hungry my IQ has dropped considerably. And I need to eat, get smart, and get back to work!

In a way, the freezer becomes a kind of freelancer security as the schedule fills up. It keeps me eating well when I’m under deadline pressure. And hitting those deadlines keeps the grocery money flowing in. When the system is working, it’s all one complete circle. And when it’s not — like last summer — I feel lost. I seem happiest when my life, work, and universe revolve around one small apartment kitchen and the tiny, cluttered desk parked near it.

Food and work are the center of my life. They feed each other. And they feed me.

Pie Dreams

A good rest for me is nine or ten hours and includes dreams I can remember when I wake up. Freelancing allows me to get this much sleep every few days. Call it my bonus for not having a long commute, or a trade-off for a lack of paid vacation.

I think of my dreams as belonging to groups or categories. For example, one group would be “recurring themes.”

I call another group “pacing” or “speed” dreams — these feature a lot of stuff that happens so quickly that I can’t get a grip on any narrative or story. I usually interpret speed dreams as messages that I’m afraid my life is going too fast (or too slow) and that I need to slow down (or speed up) to feel better.

I have “everyday” dreams where what I am doing and saying is very much like my real life. I have a conversation with my husband or I go get the mail. They reaffirm feelings of satisfaction, that the status quo is pretty good (for now).

Then there are the “metaphors,” which can be whole stories or short bursts of loaded images that I need to dissect when I wake up thinking, “Why on earth would I dream about THAT?” A big proportion of my dreams lately have been metaphors.

This week I dreamed of pies. Two specifically: pumpkin and an Amish-style oatmeal (like pecan pie but with oatmeal instead).

Why pies?

Pumpkin pie is by far my favorite pie. It means safety and comfort to me. And while I have not yet made or even tasted an Amish-style oatmeal pie, I have been reading and thinking about it for a long while, maybe years. I could taste it very clearly in the dream.

I have thought of baking both these pies more than once in recent months. It started back in September. I hosted a Pampered Chef cooking show when my dear friend Christina became a consultant. Because I wanted to try one of Pampered Chef’s well-reviewed stoneware baking dishes and because I have always loved pie, I bought the beautiful Deep Dish Pie Plate in Cranberry.

I LOVE this pie dish. It heats and bakes very evenly — better than any glass or metal pan I own. I have used it many times — for apple crisp, brownies, even a lovely lemon cake. I get better results than I expect with each new trial. But for some reason I have not gotten around to baking a pie in the pie dish.

No pie. This is strange because I am a pie enthusiast. I have a pie background. When I was 17, I spent an entire day picking sour cherries from my grandmother’s two trees, half a day pitting and preparing them, and the following two days baking cherry pies from scratch. I made 19. It was July in Ohio (humid), my mother’s house had no air conditioning, and the oil-based dough that made my favorite crust back then practically melted into each pan. It must have been 100 degrees (Fahrenheit) in the kitchen. The pies were lattice-topped and I crimped the edges pretty, too. No shirking.

Why have I not made pie?

I have meant to, and I certainly have the ingredients for both a pumpkin and an oatmeal pie. In the fall of 2006 I went to Costco and did a serious stock-up on canned pumpkin. And thanks to the oatmeal habit and my love of apple crisp, I keep both steel-cut and olde-fashioned oatmeal on hand as pantry staples.

I have lots of recipes to choose from because I seriously love cookbooks. I flip through them at night to help me relax. In preparation for testing the new pie pan, last fall I bought and read Pie by Ken Haedrich, which I adore for its depth and variety and think of as “The Pie Bible.”

I’ve recently been cooking from the earthy and homespun From Amish and Mennonite Kitchens by Phyllis Pellman Good and Rachel Thomas Pellman, and they have a perfect, simple oatmeal pie on page 220.

There appears to be no other reason for not baking pie besides irrational pie block. I think that I have both a literal and figurative need for pie. I am putting off pie for later when today and every day is a great day for pie.

This is definitely a metaphor dream. I think my pie block may have something to do with a wrong idea. And that wrong idea whispers in my ear: “You don’t have time.” Or: “You should be working.” Maybe even: “You don’t deserve it yet.”

But would baking a pie keep me from doing good work? No, I know it wouldn’t. Would joy contribute energy to the work in front of me, this week and month and year? Oh, yes.

This is why I need that sleep to pay attention to my dreams. Because without them I can mess up for a very long time — by not baking pie or by missing some other vital aspect of life. I never forget work and deadlines and clients and bills. But I do forget to nurture myself, sometimes for months.

I’ve got some correcting to do this weekend. I’ve got to go bake a pie.

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