Tag: #writersrights

Hurray for Dr. King~

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Langston Hughes, Maya Angelou, Gwendolyn Brooks, Joy Harjo, Claudia Rankine, Ocean Vuong, Elizabeth Acevedo, Terrance Hayes, Frank O’Hara, Audre Lorde, Allen Ginsburg, all poets who have enhanced the canon of American writing with their writing and their diversity. Have you read any of them? Which ones have you tried? Which diverse poet is your favorite? What poem do you like that you can share with us?

Did you know that Dr. Martin Luther King Jr. believed deeply in the power of voices, especially voices that had been ignored, dismissed, or pushed aside? That belief matters just as much in literature as it does anywhere else.

The literary canon is not a fixed monument. It is a living body of work that grows stronger, more truthful, and more beautiful when it includes diverse authors and perspectives. American literature is incomplete without the poets and writers who reflect the full range of American experience. Reading these voices does not diminish the canon. It expands it, strengthens it, and makes it more honest.

It may seem as if diverse authors exist on the margins of literature, but they don’t. They are central to it. They shape language, challenge assumptions, and help us see both history and the present more clearly. I have enjoyed so many authors who are so different from me, especially when we count the wealth of male writers we read in school. They are all wonderful writers, and I am also glad school now includes more writers who look like me, as well as writers who look like my daughter and my friends.

So today, as we celebrate Dr. King, let’s also celebrate the voices that widen our understanding of who we are. Pick up a book. Read a poem. Listen closely to someone, anyone, different from you, or simply listen to someone in need. How can you share your light?

On a slightly off-topic note, I was visiting my sister this weekend, and we each chose a stand up special to watch that is a pretty new special. I chose Mohaned Elshieky’s special No Need to Address Me, and my sister chose Marcello Hernandez’s special American Boy. Both were incredibly funny. Comedy benefits from diversity too.

I am happy for this day. Hurray for Dr. King and his marvelous legacy. Hurray for all poets. And hurray for a literary world that makes room for all of us.

~Dianne

Dianne Pearce is the chief editor and bottle washer at Current Words Publishing, and the half-cocked imaginer behind Old Scratch Press and Instant Noodles. Pearce loves helping writers realize the dream of having their work published. I mean she is really crazy about doing that for some reason. To that end, to join in the fray, to look at the thing from the other side, to stand in another’s shoes, and all of those things, she is fully expecting and promising to publish her first collection of poetry, In the Cancer Cafeteria, spring of 2026. Please don’t hold your breath. For very long. Happy 2026!

“Pink Dress” from the Forthcoming ~ In the Cancer Cafeteria~

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Happy Saturday everyone.

I’m working on bringing out my poetry collection this year, and I thought I’d share one of my poems with you.
For the past year I’ve been traveling with my little sister to her cancer appointments. Luckily I do not have cancer, but I am cancer-adjacent, and that has its own challenges. When I want to say worrying things, when I read case studies, which I do, when I am by myself as she naps through a treatment and I wait, when I drive in and out of West Hollywood alone, sometimes in the threes and fours in the morning depending on treatment time, and I ruminate, I try to put it on paper, rather than on my sister. I’m also a clothes lover and a people watcher from back in junior high with my then boyfriend and bestie Joe Perna. We called ourselves the fashion police in 7th grade, like we were such good dressers. Joe and I observed details, and made guesses based on what we saw. In general the thing I am most curious about is the lives of other people. I think I am (possibly) overly empathetic, and I imagine stories for strangers all day long. I also tend to notice the small things happening around me. As I sit and wait for my sister, or drive alone, or struggle to make small talk (as I do without cancer! I have never been good at it), my brain is humming away wondering about people, and making stories to go with them, and wondering if their cancer is curable and how it will all play out. Most people I see only once, even though we go the same time and day quite often. It is my curse to want to know everything, and to never be able to know, purely because I am a nosy so-and-so. When cancer comes to town your ability to be quiet in the never-knowing is mightily tested.

I also don’t want this to be a totally maudlin book about being upset about my sister. I don’t want it to be a book about my sister. Though I love her dearly, her story is hers, and I don’t want to steal it, which would add, in my view, insult to injury. It’s important when you write about real-live people who are not famous people that you be considerate and kind. I am not able to do that when talking if a joke comes to mind. If I think of something funny about something you’ve said or how you look, etc., it’s coming out unfiltered, that second, and I’m going to laugh. Yeah. Kind of a shitty trait, but what do they say, “At least all the trauma made me hysterical.” Yup. But when I write about anyone who I will see again, it is important to me to serve my needs while not disregarding theirs. There are compromises. My sister may not want me announcing she has cancer, for example, but she has told the people in her life, and I need to be able to discuss it too, so she loses that bit of control, just another thing cancer steals, privacy. For that she has to allow me the book as a coping mechanism. Sorry sis.

Another thing to note, as I assume most people who read this blog are authors: you have to be careful where you put your work before you publish your book. I am publishing my book through OSP, so I can put this poem here, and OSP will not disallow it from the book. If another publisher was publishing my book, they might not be happy for me to stick a poem out in public on a blog. They may or may not be happy for me to publish a poem somewhere in advance, because that anthology or lit mag where the poem is published may hold rights that conflict with the publishing company then using the poem when publishing my book. So there’s that. You have to be careful. You can always post a question here, and one of us will try to answer it. In fact, I’ll run a monthly post that offers a chance for you to ask questions, and reminds you that you can do it.

This book has a theme that runs through the whole book. Some collections do have a theme, but often the theme is that all the poems are written by the same person. The theme in my book is cancer, but, more drilled down, my reactions to cancer, my observations on the cancer experience, which I am holding together in the idea of the cafeteria at the clinic. People who are going through cancer as patients or support are often in the cafeteria as a place to stop being wrapped up in the cancer events and procedures. It’s the downtime place, and, because of that, people drop their masks a bit there. I am not telling anyone’s secrets as much as I am interpreting what I see, which changes the observation from what it is, to what I see. There is much intrusion from observers, so don’t worry that I am revealing anyone’s truths besides my own.

I have trouble tapping a poem with my scepter and declaring it complete. I expect many poets are the same. Sometimes a poem comes out almost fully-formed, but most still have growing and shrinking to do.

I write longer poems. I write narrative poems. I tend to write personal poems. Sometimes my poems are true, and sometimes they are true in the sense that they are true, for me. That doesn’t mean they would qualify as legally true. If the person was a brunette, and brunette doesn’t work, guess what, red hair is what I am going to write.

This poem, “Pink Dress,” is pretty much done. I will say it is an uncorrected proof here, as I may change it a bit before it hits the book galley. But it feels good to me as it is, and I was able to read it aloud to myself without having major anxiety, so I feel like it is okay.

The OSP group has become my friends as well as my colleagues, and, based on schedules and etc., we often ask each other to look at each other’s work. That’s part of the deal with this collective. So far I have shared some of my writing for this book with Robert, Anthony, Gabby, and Ginny. I cannot express how much I have appreciated them and their taking the time to give me really helpful, kind, and actionable feedback.

Here, without further ado, is one of the poems destined to be released later this year in the collection, In the Cancer Cafeteria.

Pink Dress

Her pink dress is too tight too short
the old sneakers don’t go
hair twisted up and split
two rolls of mussed-up teddy ears.

He is all belly 
under his big and tall polo 
up top tangled hair needs 
a brush run through
but beard is spun silk. 
He is the one who gets up
moves around
paces because he’s in the cancer cafeteria and who doesn’t pace?

She doesn’t.
She smiles at the screen in her hands.

Whenever he gets up 
he runs his finger down her bicep. 
Her chubby thighs
twitch back at him against the tight pink hem.
The dress is a mini
I can see her cotton crotch and I don’t tell her
because each time he slides his finger down her arm 
her smile goes wicked at the corners 
for a second
as her thighs twitch
call and response
and it’s not my song to sing.

I shut up I pretend I don’t see.

When he manages to sit 
his chair is up against instead of across from
his long tangled curls try to nestle under her neck
wheedle around her earlobes. 
I can’t tell for certain who is victim
who is victim support.
Some secrets are not for me to know.

He needs to move again 
gets up abrupt 
clumsy all the other chairs 
tables reach for his legs
stepping around best he can into the hall
gazing in confusion at the baby grand 
sitting there
playing “Wichita Lineman” by itself
from 1968 
a year him and his girl know only as a number, and not real.

He stares at the piano
rocks on his heels in his shoes as he has rocked since he was five years old 
knees bend out to the sides 
a boy just learning how legs work
walking through a day’s same endless agenda
treatment, wait, consultation, wait, scan, wait. 

Head nodding at Jimmy Webb’s F major D major
he tries to find his way to the tune
gives up, moves back to her
comes in for a landing 
finger trails down and up
bare meaty skin. 
She ripples in response. 
Appearing now on all her bare places
languishing goose pimples 
long only to be released 
to go home 
so two may unzip the tight pink dress together. 

Dianne Pearce is the chief editor and bottle washer at Current Words Publishing, and the half-cocked imaginer behind Old Scratch Press and Instant Noodles. Pearce loves helping writers realize the dream of having their work published. I mean she is really crazy about doing that for some reason. To that end, to join in the fray, to look at the thing from the other side, to stand in another’s shoes, and all of those things, she is fully expecting and promising to publish her first collection of poetry, In the Cancer Cafeteria, spring of 2026. Please don’t hold your breath. For very long. Happy 2026!

YIKES! Don’t Publish That!

Published on by dianneP1 Comment

One of the perks of running Old Scratch Press (OSP) and Instant Noodles Lit Mag (IN) is that I (we, OSP) get to belong the Community of Literary Magazines and Presses. They are incredibly helpful, and have so many resources we can use, including the ability to ask the other presses questions through the LISTSERV.

This week I listened to a webinar from a bit back on what you can and cannot use from others’ work in your work… spoiler alert, nope. nope, nope, you cannot use those Taylor Swift lyrics, no matter how perfect they are for your piece. Why? Because Taylor wrote them, for her piece. Cry me a small stream (see what I did there?) but you gotta write your own!

One form the webinar really did not recommend was Cento. And from the looks of my very unscientific Google search, there are a lot of them:

Well, why not?

As in the Taylor Swift example, those poets wrote those lines in their poems, to express their thoughts, and that doesn’t mean you can co-opt them, even though it is a fun writing exercise to try to knit them together. They also recommend against publishing Golden Shovels.

The webinar, for CLMP members, was helmed by Jeffrey Levine (a lawyer and Publisher of Tupelo Press) and Fred Courtright (President of The Permissions Company). And I was shocked to find out how many instances there are where authors should be getting permission, but maybe aren’t.

Copyright is, very basically, attached to intellectual property, so something we cannot touch with our fingers, even if those ideas are pressed into an LP, or printed in a book, or applied to watercolor paper. It’s the imaginings, the wordplay, the artistic or editorial or even advertising verbiage, or the design, creation, work of another artist. And we can’t use what isn’t ours without permission from its creator, or, and maybe more likely, its rights holder. Frankly, and this is where some writers disagree with me, this makes perfect sense to me if I think about someone taking my work, and using it in their own piece, and it also makes sense to me as an artist. I want so badly to use the lyrics to songs that I imbue with this meaning and emotion that only they can have, and it’s tougher to come up with my own “pretend” song, but I really need to push my writing to the next level, and do it. You don’t have to register your work with US Copyright to be protected, but we do copyright all books we publish as a matter of course.

What does copyright leave out? It does not apply to material that is not truly original, to anything already in the public domain, or to broad concepts such as ideas, systems, processes, or methods. Those belong more to patent and trademark, which overlap only in small ways that I’m not expert enough on to explain, so investigate. Copyright also does not cover names, titles, slogans, or very short phrases. In literary settings, though, it is usually safer to treat even brief lines as if they might be protected, simply to avoid trouble. How long does copyright protection remain in place? In most cases it lasts for the lifetime of the author plus an additional seventy years. For anonymous work or work created as a work for hire, the term is different. It lasts either ninety five years from the date it was first published or one hundred twenty years from the date it was created, and it ends when the earlier of those two periods runs out.

The publisher never takes copyright. The copyright remains with the author. The publisher only licenses the copyright, meaning the publisher has the right to print (or otherwise make available) or produce the work for some (limited) period of time. But if you publish a poem, for example, with a publisher, and you sign a contract, that poem may “belong” to the publisher for the duration of the contract. We’ve never held back an author from taking a work back or using it somewhere else, but I cannot speak for all publishers, so, though it should not be a problem to include in your chapbook a poem you published somewhere else, you may have to obtain permission to reprint it in another place. Do you have time to do that?

Another really interesting point the webinar brought up was that if a work is in the public domain, you do not need permission to use it. Fair use is a grey area, and so I would never recommend deciding on your own that something is fair use. I would suggest you contact Fred.

If you want to use an old poem in its original language, a piece that is long out of copyright, you can quote it freely. But if you want to use a modern translation of that same piece, the translation is probably under copyright. If you want to use something that is still in copyright, you might need permission from the copyright holder and also the holder of the copyright of the translation, and suddenly you’re in the weeds. And a lot of this costs money, to track down the copyright, and to pay for use. The webinar recommended the Watch File at the Harry Ransom Center as a good place to start. One person on the call said she often would ask bands directly, on their social media, if she could use their music or lyrics, but the presenters pointed out that while the band may (may, important distinction) hold copyright, someone else may hold the rights, and those folks could have very good “bots” looking for it on the internet, and show up with a big bill for you.

Even internet memes, tweets, etc., could belong to the person who posted them, and there could be consequences (of the financial kind is what we’re talking here) for you if you use them. And I liked that they made it clear that attribution (taken from “Friend of the Devil” by the Grateful Dead) does not give you permission: you can still find yourself on the hook for a lot of money. Yikes! And just because the author of a poem holds the copyright this doesn’t mean they’re not in a publishing deal where the publisher might own the reprint rights. You have to check it out to be sure.

The advice out there can differ greatly, and even The Poetry Foundation may have advice about fair use that the federal courts would not agree with, so the webinar strongly recommended that you either get permission, using someone like Fred, or skip it.

What do you think? Have you been playing with licensing fire? I am always encouraging authors to start an editing and publishing fund, but you may need a violation fund too! I hope not!

So friends I hope that you can sees
"fair use" doesn't grow like leaves
and poets and other fools like me
as much as you would like it free
accept that permission has a fee
and you can't pick from another's tree.

Dianne Pearce is the chief editor and bottle washer at Current Words Publishing, and the half-cocked imaginer behind Old Scratch Press and Instant Noodles. Pearce loves helping writers realize the dream of having their work published. I mean she is really crazy about doing that for some reason. To that end, to join in the fray, to look at the thing from the other side, to stand in another’s shoes, and all of those things, she is fully expecting and promising to publish her first collection of poetry, In the Cancer Cafeteria, spring of 2026. Please don’t hold your breath. For very long. Happy Holidays!