...one more thing: copyright

Follow the fascinating recipe copyright story in the comments of this post at Lambs' Ears and Honey. Then read Amanda's recent follow up post on recipe ownership and copyright infringement. Mandatory reading for all food bloggers (even the ones in stasis).

The rights of a copyright owner in a recipe are limited. The copyright owner cannot prevent people

from making the dish, or from writing their own descriptions of how to make it. However, the

copyright owner does have the right to control the use of the written recipe in particular ways,

including:

• reproduction (for example by photocopying, copying by hand, scanning, copying a digital file, or

printing out a digital file);

• communication (by emailing, uploading online, faxing or broadcasting it); and

• translation into another language.

Copyright does NOT protect:

• ideas (such as the idea of using blue cheese to make ice-cream);

• information (such as the list of ingredients and quantities used in chocolate chilli mud cake); or

• styles, methods or techniques (such as a method of preparing chicken and casserole).

Therefore, if you watched someone preparing a dish they had created and then wrote down in your

own words the ingredients and method, you would not have infringed copyright even if they had not

granted permission.

From The Australian Copyright Council Recipes: Legal Protection

Read Johanna's discussion on copyright at Green Gourmet Giraffe for more links and comments on the subject.

watermelon salad and the summer of love

My golden rule for cookbook buying these days is that I have to actually cook from it in the first week or two of ownership. Otherwise after that initial flick through it tends to be cast aside, relegated to mere food porn. I guess like the real thing, being a spectator’s one thing but it’s a heck of a lot more fun to participate.

In New Zealand I made an impulse purchase of Heidi Swanson’s lovely new cookbook. The current generous exchange rate always makes me feel so rich whenever I go home and was happy to spend some it in a local, independent bookstore.

As a longtime fan of 101 Cookbooks I knew it wouldn’t be hard to find something to cook within the critical timeframe. With eat.drink.picnic promising a stellar 30c day, the watermelon salad was a no brainer.

Did I take photos? No, in the rush to head off to the gardens I forgot. But it’s a simple dish – watermelon balls (note to self: must improve balling technique), toasted pistachios, slivered dates, a squeeze of lime and a dash of rosewater. Next time round I’ll throw caution to the wind and add more lime and roses and toss in some fresh mint.

The picnic was one of the best I’ve been to for ages. Perfect weather, a great mix of people (old and new acquaintances, all delightful), pétanque, vegan desserts (oh how I love to be able to eat a dairy-free dessert) and a delightful location. With the annual Village event next door providing some enjoyable music, by 5 pm our little pocket of Edinburgh Gardens was covered with so many blissed out park goers that it looked like The Summer of Love.

Thanks so much to everyone who turned up (and sorry if any shy souls arrived and couldn’t find us, like a blind date I should have been wearing a pink carnation in my lapel). I really want to make Michael’s vegan caeser with Black Ruby’s stunning GF bread, Carla’s I can’t believe it’s not pate and Johanna’s vegan nutella fudge*. The Significant Eater is determined to buy me an ice cream maker to recreate Kristy’s balsamic strawberry ice cream.

Notable mention also goes to Claire’s wonderful prawns and Ed’s proseco. Not that I’m picking favourites, just two days after a 5 hour feast this is the best my mind could muster. Surely a good sign that it was an excellent day,




P.S. Some random thoughts while writing this post

Independent stores – books, locally made clothes, food…are awesome. If you have to buy things for Christmas, it’s nice to support the little guys.

We must have more picnics! There’s talk of a bloggers end of year “break up” at Barefoot Bowls. (Though Christmas may be loosely translated to early in the New Year).

We need to make all food related gatherings, whether it be friends, family or food lovers, as inclusive as possible. That doesn’t mean 100% gleegan but it’d be nice is half of it is. Everything was delicious.

Summer of Love? Yes please.

I really don’t watch porn (or not in the past two decades at least!)

what the?

Please read What the? Part 2 to see what happened next!

But first, let's go back to the beginning of the story.

Hey I've got a great idea. How about I publish a magazine with a heap of cool content that I don't have to pay for, nor will I bother to ask permission to reprint it. Pure genius!

This little beauty just flapped its way into my inbox. I must admit I only open 1/4 of PR-looking emails.

FYI

XXX* magazine is Melbourne’s newest food and drink title - with a significant difference. It is the first to showcase independent local blogs and articles with a definitive focus on the city’s food culture. Effectively a printed portal, it features snippets of interesting, online material, with full reference and credit always given to the authors. And for the first time, using new smartphone technology, 2D codes printed in XXX provide a direct link to the original online article. A very similar premise to how a blogger might make reference to an external article they want to share - placing a link in their own blog and directing readers on. A product of Melbourne’s world-class food and drink industry, and the insightful contributions of the city’s bloggers and online authors, its debut will mark a progressive shift in contemporary publishing.

Never before have online authors been given such prominence in the print medium. Building on the passion of food enthusiasts, XXX’s publishers are undertaking this new initiative, hoping to promote what they believe is an outstanding standard of local blogging, and further establishing it as valid and valuable - as much so as traditional food writing. Moreover, with hundreds of articles posted online all the time, it can be hard for some people to come across information, news or reviews that they might enjoy and find helpful – especially those unfamiliar with the online forum, or still getting used to it. XXX makes it easier to sort through the vast catalogue of food stories by presenting those the editors find interesting and relevant, in a physical, familiar format.

Launching this December with a ‘Holiday Edition’, 20,000 audited copies will be circulated throughout more than 1,500 cafes, bars, restaurants and stores in the CBD and inner city suburbs. ‘Regular’ fortnightly editions will follow from January 2011. As a result, XXX’s featured bloggers will probably notice a marked increase in traffic to their sites, expanding the potential for those already advertising to capitalise on their work, and creating opportunities for those that yet don’t (through options like Google AdSense, Nuffnang and Foodbuzz).

In the interests of integrity, XXX doesn’t commission writers or works. Content isn’t product driven or based on any commercial directives. Instead it’s made up of positive, in-depth pieces with attractive photography, written by passionate and knowledgeable local ‘authorities’. XXX’s editors then scour the web, working to select and compile pieces relevant to particular topics and editions, covering subjects like restaurant reviews and recipes. Additionally, topics such as cafés, markets, new books, films, products, farming, events, health issues, legislation, and anything else food and drink related will be included. Put simply, the magazine is a reflection of food and drink culture, via the words and opinions of those that participate in Melbourne’s online publishing. It’s an independent and free publication, funded only through advertising.

XXX’s editorial policy ensures any authors who choose not to be included, for whatever reason, are respected, and won’t be featured. However, the publishers aim to benefit all facets of the food industry, including the independent writers. The hope is Melbourne’s online food community members are excited to be a part of it, support the idea, and simply continue to do what they love doing – taste, sip, snap, talk and write about food culture.

Sincerely
(etc etc)

* Name deleted

Can someone set me straight. It's a new publisher who wants to swipe our blog content, without seeking permission? An opt out not opt in kinda thing? And we should be flattered because " As a result, XXX’s featured bloggers will probably notice a marked increase in traffic to their sites".

Copyright issues anyone?

Update: the publisher assures me that they seek only to link to a blog post not the content. So it seems the punter will be flashing their smart phone at the code in the freebie if they see a reference to something they like the sound of? Interesting.

Melbourne zoo, the bloggers and the PR company - I give you Kitkatgate

You’re most likely here because you like food. I like to eat, I like to cook and on the surface those are rather innocuous activities. Way back when, I did my first degree in political science. It didn’t necessarily qualify me to do much except become a public servant or be highly opinionated. While I flirted only briefly with the former, the later has become my life work.

No pretty recipes here today, so only hang in for the ride if you want to chew on a few thoughts about how bloggers are becoming unwitting players in an extraordinary act of greenwashing. Or skip down til you get to the pictures of cute, cuddly animals.

To say I’m rather conflicted about the whole getting a freebie because I’m a blogger thing, is putting it mildly. I have new admiration for those who write in this genre and have decided to totally resist the lure of the public relations sirens. I thought I could navigate my way through the odd event that took my fancy by making it clear I was under no obligation to blog about it. But when we are used as naïve pawns, it gets very difficult to participate.

It seemed innocuous enough, an invite to attend a green event at the zoo. I like and am happy to support Zoos Victoria, they are a great organization, backed by hardworking, committed staff and amazing volunteers. I haven’t a bad word to say about them (though a petty grumble that I wish the entrance fee was cheaper).

Despite the wonderful reptile wrangler (a great guy who deserves a medal) who toyed with my phobia of snakes, the cute meerkats, the good music, I was thrown for six before the tour and festivities even begun.

It began and ended with the goodie bag. A small swag of things I’d never buy, nor had any desire to use, though on second thoughts the itty-bitty bottle of water came in handy, likewise the rain poncho. Buried at the bottom was a family sized block of a confectionery bar that’s been in the news of late.

Here’s were the problem began.

Was it total naivety, sneakily cross-promoting a possible client or out and out greenwashing to add the confectionery bar that’s been in the news for the company’s use of palm oil, leading to one of the worst social media/PR fails in recent years? While the white chocolate version of the famous finger-like sugary junk food, apparently does not contain palm oil, some of the chocolate versions do but more importantly the product and the brand has so recently been linked with the clearing of habitat of orang-utans for palm oil crops, threatening the survival of the species.

The clincher is the Melbourne Zoo is actively involved in the don’t palm us off campaign, putting their weight behind a political campaign to raise awareness about the palm oil issue.

Everywhere you go through the zoo you see these huge banners supporting the campaign.



However the person I spoke to from the PR agency, who I immediately returned the offending item to, looked at me blankly. Perhaps she'd never been inside the zoo (this occurred at the assembly point at the gate), looked at the Zoos Victoria website or been in a media bubble all week. I explained considering the whole N*stle, Greenpeace video, palm oil issue I could not accept it.

First thing this morning I called the communications manager for the zoo. She was, to put it mildly, horrified that the confectionery was promoted as part of the event. This was the first she knew of it and promised to get back to me later in the day when she had taken the matter further. I repeat, Zoos Victoria were as big a patsies as bloggers in the whole kitkatgate scandal. Don't take it out on the zoo, just encourage them to make more ethical PR partnerships in future.

Food bloggers by nature are not political. It takes time and energy to get riled up about the issues behind the news. But if we (along with Zoos Victoria) play along with these manipulations without questioning the strategy, quite frankly we deserve the lack of respect we get from the traditional media.


Update 30.3.10:Apology and disclaimer from the company "It was a major oversight on our part, and we unreservedly apologise for any offense that it has caused to any person attending. However, please be assured that in no way was this an attempt to influence or greenwash. It was an honest mistake." You can read the comment in full.

Australian food bloggers conference - how and why I blog about food (part 2)

Why do we blog about food? Aren’t we are all mad, passionat,e food obsessed beings, or is that just me? Some go into blogging with strategies and hopes of book deals or income streams, while others may see it as a way of diversifying their career. I can only talk about why and how I fell into writing about food. Here’s my story so far.

If not for fame and fortune – why blog about food?

In 2004 I got the blogging bug and spent hours venting my over-politicized spleen about the injustices of the world. Not many people read them, so for light relief I’d post about food occasionally. If site meters are anything to go by, it’s abundantly clear that those trawling the net are more interested in reading a hastily put together post about gyoza, than the result of half a day agonizing about the inhumanity of extraordinary rendition.

I created an ill thought out side blog about food (unintentionally offending a few of my potential readers), grabbed a name from the top of my head, used another Blogger template and with it came the identity from my other blog bearing little relevance to food. Five years on it is still the case.

I believe blogs have a life of their own, most evolve in their own direction no matter how we shape them. What has risen to the surface in these years as The Food Nazi is a cook’s journal. As an instinctive home cook, I find it near impossible to follow a recipe to the letter. This blog is the place I record the adaptations (just how many variations on the wonderful banana-based muffins can I make?) and use the site as an online cookbook.

But more than that, this recipe repository has something an offline one can never have – feedback. Blogs like this with open comments create an environment where thoughts can be shared and some discussions can help recipes evolve. For example, this summer when I got addicted to lemon cordial, Cindy’s comment suggesting a magic ingredient turned good homemade lemonade into great lemonade.

Community, on and off line, is a bit like the twist in the recipe. Having a blog has spawned unexpected friendships and delightful experiences. Far from the archetypal spotty computer geek tapping away on his computer alone, the world of food blogging frequently crosses over into real world happenings, perhaps more so than other genres because food after all is inherently social and nurturing.

When not writing recipes, I like to discuss thoughts on cooking, blogging and eating. To talk with others online about anything from food politics (how vegetarians and coeliacs are treated in the food industry), to cooking for invalids, frugal eating and take away coffee. I've loved every one of these interactions with blog writers and readers.

While my vegetarian gyoza recipe may have attracted my all time greatest number of hits, writing about food blogging ethics draws some of the strongest responses from within our world. When my name went onto the speakers list for Eat.Drink.Blog I got a number of emails asking if I could cover this topic at the conference.

Some thoughts on food blogging ethics

Keep in mind these are just my thoughts, not a code of ethics, rather what makes sense to me. Feel free to tell me yours.

Plagiarism

Who owns a recipe? According to some upsets in the food blogging realm in recent years, the general consensus is that while a list of ingredients cannot be copyrighted, ownership of the method can be.

Personally, I choose to only blog my own recipes and not transcribe other people’s. I can see why an author or magazine publisher may get uppity if they find their work splashed about the internet for free. It’s one thing to copy a recipe word for word or snip it from a magazine for a physical recipe book but putting it out on public domain is another thing altogether.

The same respect applies to other bloggers. I’ll post my adaptations but link to their original recipe and pay my dues.

Reviews

I blame Ruth Reichl for my growing unease about blogging restaurant reviews. I fell in love with her memoir Garlic and Sapphires: The Secret Life of a Critic in Disguise, recounting her years as food critic for the New York Times. The lengths she went to dressing up in different disguises to check out a restaurant at least three times before writing a review puts our local food journalists to shame. But what about bloggers? We don’t carry anywhere near the weight of reviews in print media? I’ve flirted with reviewing, I read blog reviews of those who share a similar palate but at the end of the day, I doubt that I can do it fairly (even more so as my dietary choices often mean I can eat only a small selection of the menu). But more than that, when I eat out – I want to connect with my dinning companions, enjoy the food, the company and not be side tracked by taking sneaky shots of the food.

I do like to post food highlights from trips overseas, having gleaned the best places for my budget and food preferences from the internet and guidebooks. Not the least, so I can actually remember the name of the place when people ask me a year later. And it’s exciting to know that sometimes these holiday food rants encourage other bloggers travel itineraries too!

Perhaps all my ambivalence about reviewing crystallized in an unexpected phone call I received last year. When you blog anonymously, being outed in your real life is an uncomfortable collision. Though I think I did a fair and honest job musing about why a local eatery wasn't attracting many customers, I got rather annoyed about a string of comments on the post, all made by unknown male personas who’ve never appeared in our local food blogging community before or since. In the same tone they uniformly told me they loved the place and there was something wrong with me if I didn’t. Rather like the bloke (co-owner and chef of said restaurant) when he outed me at work and got all shouty. When your review is the only one of two to appear anywhere for a newish eatery, people read it. If the tone has any traces of negativity the owners won’t like it and potentially it can impact on their business.

I’d suggest if you do review – be fair, own your criticisms and if possible base it on more than one visit.

Then there is the issue of restaurant photography – do we ask before shooting, does the chef have the right to ask us to remove them if our lack of photographic skills make the dish look like shit? I really don’t know the answer to those questions. Sometimes I think that the low lighting in so many restaurants is a deliberate ploy to make us keep our cameras in our bags!

Would you like some sponsorship with that?

Oh the lure of getting something for “nothing”!

I’ve blogged about how we’ve been targeted by those lovely folk in Public Relations before. Some PR people get what blogging is about and know just how to tempt (or manipulate) us but most don’t. Why does someone think I will be wildly excited, even flattered, to write a post about beer, cheese or even cooking classes that I can’t attend in another state or even country?

Personally, product placement can’t be bought on my blog. Every now and then an offer comes my way to go to a food show or the likes that I’d normally consider attending, just as similar invites come my way for industry related events in my day job. I will take up the offer only on the understanding there is no expectation to mention the event on the blog.

I know some food bloggers have another approach, some even actively ask for goodies to display on their blog. I think there’s room for greater analysis of what occurs within the transaction, whose getting the better deal I wonder? Some events and products get amazing, free promotion for a non-cash reward. In a similar vein, when we write for free or give away our photos to a commercial website for a mere link or a mention – we are helping them make money and exploit those who write for a living.

So, how and why do you blog about food?


Taking a closer look at my backdrop for the talk - about every point was covered by a speaker at the conference. The biggest question of them all being "who still uses blogger?".


It was a privilege to be a panelist at the inaugural Australian Food Bloggers Conference. With little or no prior knowledge it was wonderful how my fellow presenters on the How and Why We Blog panel dovetailed into each other. I loved Zoe’s ode to community and writing (and heartfelt wish that her beer brewing partner would find an outlet like blogging to express his passion) and Reem’s delightful tale of starting a blog as a single woman.


See my post on top ten tips for food blogging for the first installment of my talk.

the post where AOF meets the modern world of viral marketing

Free stuff, no strings attached, yeah? Publicists are gathering their list, they are checking it twice and have woken up to the fact that social media is a low cost way of spruiking their wares. Unlike jaded journos, bloggers feel flattered to be offered freebies. Right?

Last year a new pomegranate juice hit the market – you may have read bloggers gushing about it. Some 'fessed up it was a freebie, others did not. Not sure if any wrote a negative review on the stuff either way.

Elsewhere in the blogworld Gluten Free Girl and the Chef feature new recipes with pork, choosing to be transparent that it is a paid gig, Pim has become an ambassador for a new range of dairy products and the list goes on. But is one post disclosing the commercial relationship enough? Should every mention of pork (or shot of a Le Creuset pot) thereafter have a disclaimer at the bottom of the post, so the casual reader versus the blogging fan can know the full story?

Viral marketing thrives on social media. When a whole heap of bloggers start posting about the wonders of pork or jump on the Weston A Price wagon, in the guise of gushing over “Nourishing Traditions”* I get a little suspicious. Is it just synchronicity or is this viral marketing at work? Then there is twitter - in 140 characters or less there is no space for disclosure making it the perfect vector to disguise product placement.

So be prepared for some write ups about the Good Food and Wine Show (GFWS) as it tours Australia, as many food bloggers (as well as journalists who blog) have been offered free entry to the show, tickets to the chef events within the show and meals at the GFWS restaurant.

And I am one of them.

Conflicted. Hell yes! You see, over all I have more negatives than positives to say about the event. Do I blog it or not?

You decide.


More on food blogging ethics as The Food Blog Code of Ethics.


* A not for profit “Health” foundation backed by various people in the meat and dairy industries, telling us soy is poison and it makes good sense to eat more animal products. “Nourishing Traditions: The Cookbook that Challenges Politically Correct Nutrition and the Diet Dictocrats” is written by its founding president Sally Fallon.