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VIDEO: 203 Copyright Transfer Terminations: All Hype or Finally Ripe?

April 3, 2017 Leave a comment

On Thursday, March 23rd I presented a Lunch & Learn at the University of New Hampshire School of Law’s Franklin Pierce Center for Intellectual Property.

I covered 203 copyright transfer termination rights mechanics, the post-2013 response of copyright creators and copyright-industries when the first termination “window” opened for post-1977 transfers, and stakeholder and commentator forecasts about whether the anticipated termination tidal wave of destruction is more academic than real.

Copyright transfer termination permits a copyright creator to reclaim control of his or her copyright several decades after transferring the right. This applies to all copyright transfers no matter what a contract may say about a perpetual transfer. Creators cannot waive this right. But they can forfeit it if they are not careful.

In fact, some creators have already forfeited their rights if they transferred copyright in 1978 and failed to serve notice of termination by 2016. 

I offered some preliminary conclusions on the future of copyright-dependent industries in light of the 203 termination right.

Watch, listen and learn!

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Intellectual property issues and profit disparities for viral social media “stars” @ SxSW

March 7, 2017 Leave a comment

thumbnail_ImP x SxSW Facebook cover promo graphics SIMONE

Join me and this extraordinary panel of experts, Michael D. Armstrong (Viacom), Devin Johnson (Uninterrupted), and panel organizer, Simone Bresi-Ando (I’mPOSSIBLE) at SxSW on Tuesday March 14th at 11 AM: Gentrifying Genius: Urban Creators Stripped Bare.

The panel will explore themes around The Fader’s article: “Black Teens Are Breaking The Internet And Seeing None Of The Profits” in a solutions-focused manner that will not only discuss the ecosystem that maintains the inequalities but also ways to protect and monetize their creative genius on social media.

Simone Bresi-Ando of I’mPOSSIBLE explains:

Black and brown youth are missing out on fruitful and ultimately life changing opportunities and rewards from their intellectual property which remains wildly popular but unpaid and uncredited.

Intellectual Property and Social Media

thumbnail_ImP x SxSW 2017 panelist promo INSTAGRAM graphic PROF TONYA EVANSI will adjust the frame of reference by explaining what intellectual property is, how rights are created, what rights creators control and what they give up when they opt-in to social media platforms, and how creators of color, in particular, can better navigate disparities in what I call the “post-to-profit” pipeline.

This disparity, of course, is not new. Similar misappropriation pervades America’s history with creators of color. In the cinematic suspense phenomenon Get Out, Jordan Peele goes a step further beyond cultural appropriation to examine the ultimate misappropriation of black bodies themselves, genius and all.

This will be a rich, engaging, dynamic conversation. Hope to see you there!

Professor Evans to join the UNH Law faculty Fall 2017!

February 27, 2017 2 comments

unh-law-logo-twitter_400x400I am thrilled to announce that I will join the tenured faculty of The University of New Hampshire School of Law this fall as a Full Professor.

UNH Law, formerly Franklin Pierce Law Center, is a leader in intellectual property law, social justice, sports law, and innovative practical preparation and is ranked 82nd by US News & World Report. It is also home to the preeminent Franklin Pierce Center for Intellectual Property (FPCIP) and the UNH Sports and Entertainment Law Institute (SELI).

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I look forward to serving as an integral part of both FPCIP and SELI, and I will also continue my work in the areas of Trusts & Estates and Inclusion & Equity.

[Read the official press release]

 

I am excited to announce that my hiring class includes Ryan Vacca. He is the David L. Brennan Professor of Law at The University of Akron School of Law, where he also serves as the Interim Co-Dean and Director of the Center for Intellectual Property Law & Technology.

My departure from Widener Law Commonwealth is bittersweet; I have loved my time here! WLC has been a tremendous place to evolve as an educator and scholar in the legal academy while surrounded by wonderful, supportive colleagues and inspired by fantastic students (whom I will miss most of all!). Thank you for the well wishes I’ve already received.

Article Alert: Statutory Heirs Apparent explores copyright termination right succession in the entertainment industry

February 14, 2017 Leave a comment

2017-01-18-14-27-04My latest article, Statutory Heirs Apparent: Reclaiming Copyright in the Age of Author-Controlled, Author-Benefiting Transfers (119 W. Va. L. Rev 297 (2016)), explores the intersectionality of estate succession laws and copyright and the unintended conflict between a deceased author’s testamentary freedom and the right of the decedent’s statutory heirs to terminate the decedent author’s lifetime transfers.

A number of notable songwriters have successfully reclaimed control over their copyrights from recording companies: Bruce Springstein, Loretta Lynn, Tom Petty, and an original “Village People” member, Victor Willis, for that perennial Karaoke favorite “YMCA”. They all lived long enough to see the copyright termination window open for their respective rights.

However, some authors are not so fortunate.

Case in point: The Ninth Circuit recently heard Ray Charles Foundation v. Robinson, 795 F.3d 1109 (9th Cir. 2015). That case presents facts analogous to the problem the proposed amendment seeks to resolve; that is, when a statutory heir asserts a termination interest clearly contrary to the decedent author’s wishes.

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In that case, Charles named his private charitable foundation as sole heir of his rights and recipient of his royalties during his life and thereafter. In fact, the Foundation is totally funded by the royalties and is prohibited from receiving any other means of support. Separately, he negotiated with his children (all 12 of them) to waive any right to his estate in exchange for half million dollars into an irrevocable trust for each. He died before the termination window opened. The perfect storm.  Read more…

Shirley Caesar goes from viral Internet sensation to You Name It, LLC trademark applicant

January 16, 2017 Leave a comment

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Perhaps it’s surprising that Pastor Shirley Caesar never registered her name as a source-indicating mark before now. Thankfully, trademark rights attach even to unregistered marks [NOLO.com] used in connection with sale of goods or, in her case, entertainment services as a world-renowned gospel recording artist.

And now after the “U Name It” Challenge [BET.com w/ sound] became a thing and gave new meaning to the phrase “going viral” recently, Caesar and her legal team realized that securing trademark rights in her name is as important as protecting her copyright interests.

About the “You Name It” Viral Clip

The video clip making viral rounds on social media is an excerpt from a live performance of “Hold My Mule.” The legendary gospel sermon has been edited to revolve around Caesar’s chant, “beans, greens, potatoes, tomatoes,” in response to the question, “Grandma, what are you cooking for Thanksgiving?” – BET.com

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

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