Legal Intelligencer takes note of recent appoinment of Prof. Evans to senior leadership

October 8, 2016 Leave a comment

Evans joins law school’s senior leadership as Associate Dean of Inclusion & Equity

September 29, 2016 Leave a comment

Associate Professor Tonya M. Evans joins the law school’s senior leadership team as the Associate Dean of Inclusion and Equity.

Professor Tonya M. Evans imageDean Evans’ new role includes overseeing the law school’s implementation of its strategic plan, practices, and policies related to diversity, inclusion, and equity in the classroom and legal profession.

Her goal is to inspire and sustain a law school community that champions a culture of respect, civility, professionalism, and inclusivity.

To that end, Dean Evans will oversee and implement the greater University’s strategic goals regarding diversity to:

  • Continue to foster a campus climate that values multiple perspectives and experiences.
  • Prepare all students for success in a diverse and global society.
  • Expand and promote access, equity, and success for disadvantaged and underrepresented students, faculty, staff, and administrators.
  • Create and sustain institutional structures and processes to support a culture of inclusivity.
  • Promote scholarship related to diversity and inclusive excellence.

She will continue to teach in the areas of intellectual property, property, wills and trusts and entertainment law.

“We are preparing our students for success in a diverse and global society,” said Widener Law Commonwealth Dean Christian Johnson. “I know that Associate Dean Evans will work to create and sustain a campus environment that will promote access, equity and success for underrepresented students, faculty, staff and administration as well as the greater legal community.”

Read the complete article at the Widener Law Commonwealth website.

Insight into Diversity and Widener

Recently, Widener University was named, along with a select group of institutions nationwide, to receive an INSIGHT Into Diversity magazine‘s 2016 Higher Education Excellence in Diversity (HEED) Award, which recognizes U.S. colleges and universities that demonstrate an outstanding commitment to diversity and inclusion. Widener is one of only 83 institutions in the United States to receive the award this year, and the only one in the Philadelphia region.

 “As a leading metropolitan university, Widener has made a concerted effort to create a campus community that is dedicated to diversity and inclusion, and I’m very pleased that we are being recognized with the HEED Award,” said Widener President Julie E. Wollman.

A Note About Diversity at Widener

widener-we-are-all

Widener celebrates diversity and embraces multiculturalism as  it strives to maintain an inclusive and welcoming campus communityWidener encourages all students, faculty, staff, and guests on campus to respect the dignity of every individual and honor the value of their contribution to its community.

Widener University leadership is also aware that incidents of bias and hate crimes have increased on college campuses around the country. It condemns such acts and encourages all members of our community to follow its bias protocol.

Prof. Evans to present WIP at 10th Annual Lutie Lytle Conference

July 8, 2016 Leave a comment

Professor Evans will present her latest work-in-progress, Safer Harbor from Statutory Damages for Mea Culpa Infringers: Remixing the DOC White Paper, at the 2016 Tenth Annual Lutie Lytle Black Women Law Faculty Writing Workshop.

The paper, slated for fall placement,  titled “Safer Harbor” from Statutory Damages for Mea Culpa Infringers: Remixing the DOC White Paper, is a follow up to her article, Safe Harbor for Innocent Infringers in the 21st Century. The former article argued that under certain circumstances, “innocent” users should be protected from liability in the same way that Internet Service Providers are protected under the Digital Millennium Copyright Act’s safe harbor provisions. In Safer Harbor, Professor Evans approaches the same topic from the damages-instead of the liability-phase.

In Safer Harbor, Professor Evans offers a legislative fix to the statutory damages section that would inject greater balance, fairness and uniformity into the damages assessment.

The Department of Commerce‘s Internet Policy Task Force recently released its much-anticipated report on statutory damages, remixes, and the first sale doctrine. The report, titled White Paper on Remixes, First Sale, and Statutory DamagesCopyright Policy, Creativity, and Innovation in the Digital Economy (The IPTF Report), recommended numerous important and long overdue changes to the Copyright Act.

In light the IPTF Report, Professor Evans analyzes and incorporates the Report’s findings and recommendations against the backdrop of her own recommended fixes to copyright law.

About the Lutie Lytle Conference

The Lutie A. Lytle Black Women Law Faculty Writing Workshop (the “Lytle Workshop”) is an annual gathering of current and aspiring black women law faculty. While the primary focus is on legal scholarship, this event is important for networking, bonding, and getting refreshed. Read more about the PDF iconHistory of the Program. Since the Workshop began, its participants have published more than 29 books, 44 book chapters, and 500 articles (PDF iconbibliography of works authored by workshop attendees as of 2016).

The 2016 gathering, which will be the historic and commemorative 10thAnnual Workshop, will be hosted by the University of Iowa College of Law on July 7-10, 2016, in Iowa City. A writing retreat will take place before and after the main Workshop on July 6-7 and 10-12, 2016. [More information …]

 

Prof. Evans to moderate NBA IP Law Review CLE webinar Wed 6/8

June 6, 2016 Leave a comment

I invite you to register for Wednesday’s webinar, hosted by the NBA IP Law Section. Registration is free for all IP Section members, and $30 for non-members.

IP Law Review – A Survey of Recent Developments in Patent, Trademark, and Trade Secret Law.

Date: Wednesday, June 8, 2016

Time: 1:00pm to 2:30pm EDT

Follow live tweet at #NBAIPLaw

Presenters:

  • Tonya Evans (Widener University Commonwealth Law School) – Moderator
  • Darrell Mottley (Banner Witcoff)
  • Shontavia Johnson (Drake University Law School)
  • Kevin Jordan (JP Morgan Chase)

Summary – Our panelists will discuss a variety of hot topics and recent developments in patent, trademark, and trade secret law, including:

  • The internet of things as an emerging technology/industry, and related IP and regulatory issues
  • Intersection between the First Amendment and Section 2(a) of the Lanham Act regarding registration of immoral, scandalous, or disparaging trademarks, including the impact of trademark cases
  • Overview of trade secret law and its viability as an alternative means of IP protection

CLE Info: The NBA IP Law Section is looking into obtaining CLE accreditation in the following jurisdictions: CA, GA, IL, NY, TX, and VA. For questions regarding CLE accreditation, please contact Bill Barrow (wbarrow[at]mayerbrown.com).

Cost: This webinar is free for NBA IP Law Section members and costs $30 (plus processing fees) for non-members.

Register at:  https://www.eventbrite.com/e/nba-ip-law-section-intellectual-property-law-review-registration-25483682380

Prof. Evans to teach Wills & Trusts this summer at UNLV Law

May 4, 2016 Leave a comment

I am excited to announce that I accepted an invitation to teach Wills & Trusts at UNLV William S. Boyd School of Law during the summer session.

This course covers intestate succession; testamentary capacity; execution, revocation, and component parts of wills; interpretation of wills; will substitutes; creation and interpretation of inter vivos and testamentary trusts; powers of appointment; professional standards and fiduciary responsibility. I will also lightly touch upon estate and trust administration.

Although this is not a course on document drafting, we will address ethical and practical considerations in drafting wills and trusts. The question we explore for every case is what the attorney could have done, should have done, or should not have done, in order to avoid litigation. Both the course and casebook, Contemporary Trusts and Estates (Susan Gary et al. , 2d. Aspen), approach the subject matter from an experiential, practical point of view to actively engage students in the material as practicing attorneys rather than law students.

Evans places article that explores copyright termination & estate planning with W. Va. Law Review

May 4, 2016 Leave a comment

Statutory Heirs Apparent?: Reclaiming Copyright in the Age of Author-Controlled, Author-Benefiting Transfers, 119 W. Va. Law Rev. __ (2016).

will-3This Article explores the intersection and disconnect between copyright law and estates law when a copyright owner dies before having the opportunity to exercise her termination right of an inter vivos copyright transfer. Specifically, I explore the impact of a statutory heir’s copyright transfer termination right on the original author’s testamentary freedom to the extent the decedent’s nonprobate disposition of assets is contrary to the “statutory will” disposition found in the Copyright Act.

contracts_penAlthough copyright transfers made by will are not subject to a termination right, no such exception is made for an author’s lifetime transfers into vehicles controlled by the author. Examples of such transfers include those made into a performing artist’s loan-out company or a songwriter’s lifetime transfer of musical composition and sound recording copyrights into a self-settled irrevocable trust or charitable foundation.

170px-Copyright_svgThe practical effect is that an heir (defined by the Act as a spouse, child or grandchild) who inherits the right to terminate any lifetime copyright transfer (including those just described), may exercise that right and successfully reclaim copyright ownership against the decedent’s intent to transfer copyright ownership at death to someone or some entity other than that statutorily prescribed heir.

I argue the termination right was intended to protect authors from being saddled for the full copyright term with bad deals made early in their careers when they had little, if any, bargaining power. The right was not intended to prevent authors from advantageous lifetime transfers into vehicles controlled by the author for prudent business, tax and estate planning reasons.

Many scholars, practitioners, and copyright transferees in the entertainment business surmised the likely impact of the first reclamation trigger date of January 1, 2013 under §203 of the 1976 Copyright Act on post-1977 transfer terminations. Some also expressed concern with the apparent distinction between, and treatment of, transfers by will and nonprobate transfers. This article focuses on what has actually transpired since that trigger date.

In addition, the article focuses on what might be done going forward to reconcile the probate and nonprobate disposition of copyrights in a way that best honors an author’s testamentary intent given what we now know from cases starting to make their way through the court system.

How to listen to Prince’s music LEGALLY online? @CNET tells us how

April 21, 2016 Leave a comment

Source:  @zeeohmara

The shocking news of Prince’s death has fans, new and old, turning to their Spotify, Pandora and Apple Music apps, only to find them barren of his hits. If you don’t feel like driving to your local record store or spending money on iTunes, unfortunately, your options for listening to His Royal Badness are limited.

But you have options. And they’re LEGAL.

prince-purple-rainI am currently listening via SiriusXM Radio app channel 50: The Prince Tribute Channel.

Xiomara from CNET gives us some other ways to listen, including Tidal, which is the exclusive streaming music service with Prince content.

Honor Prince’s legacy, his legend, his mastery. Access the content LEGALLY. He’d want that for ALL artists, BTW. Just a thought. Here’s another thought. Buy a physical copy.

For more on the copyright issues and Prince’s zealous control over his songs, read Why it’s tough to find Prince’s songs online – and other musicians are thankful by Professor Shontavia Johnson.

#RestinPurple #dovescry #supportartists

Peace,

TME

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