John Degen

John Degen has professional freelance writer for more than twenty years, as a poet, novelist and critic. His 2006 novel, The Uninvited Guest, was shortlisted for Amazon.ca's First Novel Award. He currently works for the Ontario government, administering grant support to the province's literary book publishers, cultural magazines, writers and literary festival producers. He speaks and writes regularly about copyright issues related to writing and publishing.

Challenging the HathiTrust again

Jul 082013

Media files

Authors appeal court decision that allows wholesale digitization of copyright works.

by John Degen

At the end of June, a group of authors and author organizations from around the world filed their reply brief in the appeal of a ruling in the HathiTrust digital library dispute. Last October, Judge Harold Baer of the US District Court ruled that the unpermitted scanning and storing of copyright protected works was excused by the US fair use provision in large part because he saw that work as transformative. To an author, that's a lot like saying by taking your bike, I am transforming it into my bike, but let's leave it to the courts to carry on consideration of what is fair and what is not.
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Copyright on the block

Jan 142013

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Lawyers, educators, mull the impact of C-11.

by John Degen

Two weeks ago, I traveled to Toronto’s far north for a lunch presentation (recorded on video as part of the excellent IP Osgoode Speaker Series) from the Honourable Mr. Justice Marshall Rothstein of Canada’s Supreme Court. Justice Rothstein was the author of the dissent in the recent 5-4 SCC fair dealing decision that went against the interests of writers and publishers, and is right now being broadly misinterpreted by shortsighted educational administrations keen on saving money.

Writers crash copyright-avoidance workshop

Nov 262012

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The Writers' Union of Canada drops in to workshop on "fair dealing".

by John Degen

On November 12th, 2012, the Association of Canadian Community Colleges began a cross-country series of seminars designed to teach their members the details of a new "fair dealing" policy. I joined a couple of members of The Writers' Union of Canada as they attempted to air their views during that initial seminar, in Toronto, in an airport hotel meeting room.

Educators’ true agenda surfaces on “fair dealing”

Oct 092012

Hot headlines

Promises to curb photocopying replaced by sweeping claims of entitltement.

by John Degen

TORONTO — Bill C-11, the Copyright Modernization Act, is awaiting royal assent, having passed through both the House and the Senate. As Canada’s professional creators wait to see how this controversial reform of the Copyright Act will play out once it is active law, we are getting a rather depressing preview of the most likely outcome.

Fair dealing = plagiarism, apparently

Aug 082012

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New educators' guide lifts liberally from Michael Geist's blog.

by John Degen

Wow, it did not take long at all after the recent Supreme Court of Canada decisions around certain tiny aspects of educational fair dealing for a brand new educational fair dealing handbook to be published.

Collective licences a bargain

Jun 122012

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Writers and publishers urge universities to respect copyright.

by John Degen

On June 12, a letter was sent to the administration and governance heads of universities and colleges across Canada, expressing support for the recent model collective licences signed by university and college organizations. It is a remarkable document, representing a broad coalition of writer and publisher groups and individuals. You can see for yourself that many of the individuals who signed the letter (including world-renowned author, Margaret Atwood and Canada's current Parliamentary Poet Laureate, Fred Wah) are post-secondary instructors as well as cultural workers.

Including all the signatories and organizations involved in creating the message, this letter represents the collective opinion of thousands of individual cultural workers in Canada. There can be no doubt that Canadian writers and publishers want their rights collectively represented in the educational market, and that they see collective licensing as the best solution for everyone in the licensing arrangement, educators and students included.

Open Access is wrong answer

May 012012

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Safeguarding copyright protects university revenues too.

by John Degen

Should professors retain their copyright? To someone who thinks copyright is one of freedom's great rewards (that would be me), the question seems a no-brainer. Of course, every single writer should retain her copyright as much as possible and for as long as possible. To me, it's like asking should professors continue to eat nutritious foods? Should they seek the advice of doctors? Avoid smoking in bed? Take care of their pets?

Short answer to all questions… yes, they should, and they especially should take a more proprietary role in the safeguarding of their copyright.

Copyright, plagiarism and journalism

Mar 132012

Media files

Bar Association's statement used Michael Geist's sentences, without attribution.

by John Degen

The Canadian Bar Association has posted a response to the National Post's coverage of what could be a serious ethical pratfall by that association. A statement on copyright reform that was originally designed to be the work of an independent committee kept secret specifically to avoid the possibility of being lobbied during its work, has been revealed to be clearly influenced by the writings of one of the copyleft's strongest lobbies.

Lawyers examining the statement after it was released found at least 16 instances where the "independent" policy statement mimicked the exact language found on the blog of free culture activist Michael Geist.