Archive

Archive for the ‘Digital’ Category

Your vote can make me a South by Southwest presenter. Vote & share today!

August 8, 2017 Leave a comment

sxsw-edu-panelpicker-image

You have the power to get my South by Southwest® (SXSW®) panel proposals approved for SxSW 2018. Click on each link below to vote and be sure to share with your networks and friends so they can do the same.

After you click on the link, use the left navigation panel to vote UP (yes!!). Leave a brief comment to make an even greater impact. Yes you can vote for ALL of these sessions.

The SXSW® Conference & Festivals celebrate the convergence of the interactive, film, and music industries. Fostering creative and professional growth alike, SXSW® is the premier destination for discovery.

Use the quick links or see the full session descriptions below. Thank you in advance for your support! ~ @IPProfEvans

|RegisterRight!|Leaving Your Legacy|From Posts to Profits|
|Women in Sports|IP for App Developers|

RegisterRight!

The ABCs of Protecting Your IP

[Vote for RegisterRight! session]

Creating a song, script, app, invention or business is just the beginning of any creative’s journey. Too often that can also be the end of the road. Because when creatives focus solely on the creative process without adequately protecting their intellectual property, they leave their copyright, trademark, and patent rights at risk or forever lost altogether. The rules are complex and confusing. This panel explains the specific steps every creative needs to take to protect their IP rights.

Additional presenters:

 

Leaving Your Legacy

Estate Planning for Creatives

[Vote for Leaving Your Legacy session]

Death isn’t the end of the road for copyright. The term of copyright endures, in most cases, for 70 years after the creator’s death. Creatives must understand probate and trust laws to adequately protect and maximize the value of their creative works after death. This includes understanding the transfer termination right that allows creators to reclaim control of transferred rights and the role of IP fiduciaries. This workshop answers these and related estate planning questions affecting artists

Additional presenter:

  • Shontavia Johnson, Kern Family Chair in Intellectual Property Law, Director of the Intellectual Property Law Center, Professor of Law, Drake University Law School

From Posts to Profits

Leveraging Your Brand

[Vote for From Posts to Profits session]

Developing and sharing content online has become a necessary way for content creators to communicate with their audiences and grow their brands. From posts and photos to videos, creators are oftentimes giving away content for free on social media and blogs. This session will explain how creators can monetize and leverage their content to grow not only an audience, but a lucrative career. It will also explain why content creators must protect their intellectual property in the process.

Additional presenters:

Women in Sports

Money, Power, Respect?

[Vote for Women in Sports session]

Venus. Serena. Famous, accomplished sports figures who represent the strides female athletes have made in recent decades. Still they endure criticism regarding the quality of women’s sports, media coverage of female athletics, pay equity, and femininity in sports. Sadly, they are not exceptional. Women today struggle to earn money, power, and respect across the sports world, from playing fields to boardrooms. This panel explores these persistent challenges and offers creative solutions.

Additional presenters:

Intellectual Property for App Developers

[Vote for IP for App Developers session]

This panel will discuss app development and intellectual property law. The panelists are experts in patent, copyright, and trademark law. Attendees will learn how to identify intellectual property issues that arise in app development. The panelists will share best practices for avoiding intellectual property disputes. Also, attendees will learn how to take initial steps to protect their intellectual property.

Additional presenters:

 

Advertisements

Professor Evans’ scholarship in line with DOC’s latest reccs re: copyright statutory damages, remixes

February 12, 2016 Leave a comment

iptf_logosThe 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. Those recommendations focus on three key areas:

  1. the legal framework for the creation of remixes;
  2. the relevance and scope of the first sale doctrine in the digital environment; and
  3. the application of statutory damages in the context of individual file-sharers and secondary liability for large-scale online infringement. (p. iii, The IPTF Report).

The Task Force Report made three recommendations overall:

  1. To enact a new section 504 of the Copyright Act that lists factors for courts and juries to consider when determining the amount of a statutory damages award.
  2. To remove the “notice bar” to the Innocent Infringer “defense” and instead treat notice as merely a factor. This change is especially important to protect a good faith, mistaken user (who I refer to as a “mea culpa infringer” in Safe Harbor for the Innocent Infringer in the Digital Age).
  3. To give courts the discretion to assess statutory damages in ways other than a strict per-work basis in cases involving non-willful secondary liability for online services offering a large number of works.

I write primarily about the impact of new technologies and new forms of artistic expression on copyright law. Therefore, I am excited and encouraged to see that my assertions and recommendations in Safe Harbor for the Innocent Infringer in the Digital Age (50 Willamette L. Rev. 1 (2013)), Reverse Engineering IP  (17 Marquette Intell. Prop. L. Rev. 61 (2013)), and Sampling, Looping & Mashing … Oh MY! (21 Fordham Intell. Prop. Media & Ent. L.J. 843 (2011)), are consistent with the Task Force’s approach to these critical areas in need of substantive reform.

For example, in Safe Harbor for the Innocent Infringer in the Digital Age I explored the role of the innocent infringer archetype historically and in the digital age. I also highlighted the tension between a “20th century” copyright regime and “21st century” user expectations regarding generally accepted online uses of copyrighted materials. Those customary uses reflect the efficient use of digital technologies and the Internet. Finally, I offered a legislative fix in the form of “safe harbor” from liability for certain innocent infringers akin to the type of protection afforded online service providers.

In that article, I argued that such an exemption seems not only more efficient but also more just in the online environment where unwitting infringement for the average copyright consumer is far easier than ever to commit, extremely difficult to police, and often causes little, if any, real market harm.

copyrightsymbol_lock

In a current work-in-progress titled “Safer Harbor” from Statutory Damages for Mea Culpa Infringers: Remixing the DOC White Paper, I approach the topic from the damages-instead of the liability-phase.

I offer a legislative fix to the statutory damages section that would inject greater balance, fairness and uniformity into the damages assessment. I began writing this article in 2014 but in light the IPTF Report, I intend to analyze and incorporate the Report’s findings and recommendations against the backdrop of my own recommended fixes to copyright law.

 

Evans joins world class panelists at Ent, Arts & Sports Symposium in DC 9/18-19

September 3, 2015 Leave a comment

On September 18-19, 2015 Howard University School of Law is hosting a national conference focusing on entertainment, arts, and sports law. It will be held at the Marriott Marquis in Washington, DC. The conference agenda is below. Online registration is available here:  http://newglobaleas.com.

The gala dinner and awards ceremony honoring Professor Spencer Boyer is on Friday night. The tickets for that event are available here: http://www.law.howard.edu/1952.

Conference Agenda  Read more…

Evans chapter on copyright appears in ‘Hip Hop and The Law’ anthology pub’d by Carolina Academic Press

July 26, 2015 Leave a comment

I am excited to announce the official publication of the anthology, Hip Hop & the Law, edited by the late Pamela Bridgewater (formerly a professor at American University School of Law), andré douglas pond cummings (Vice Dean and Professor of Law at Indiana Tech Law School), and Donald F. Tibbs (Associate Professor at the Drexel University School of Law).

I am honored that my contribution,  Sampling, Looping and Mashing … Oh My! How Hip Hop Music is Scratching More Than the Surface of Copyright Law“, appears in this formidable collection of essential reflections by many of today’s leading critical thinkers. From professors, to practitioners, to creatives, Hip Hop and the Law curates a host of diverse voices to analyze and assess the interdisciplinary intersection of American jurisprudence and hip hop music and culture.

bridgewater coverWhat is important to understanding American law? What is important to understanding hip hop? Wide swaths of renowned academics, practitioners, commentators, and performance artists have answered these two questions independently. And although understanding both depends upon the same intellectual enterprise, textual analysis of narrative storytelling, somehow their intersection has escaped critical reflection.

Hip Hop and the Law merges the two cultural giants of law and rap music and demonstrates their relationship at the convergence of Legal Consciousness, Politics, Hip Hop Studies, and American Law.

No matter what your role or level of experience with law or hip hop, this book is a sound resource for learning, discussing, and teaching the nuances of their relationship. Topics include Critical Race Theory, Crime and Justice, Mass Incarceration, Gender, and American Law: including Corporate Law, Intellectual Property, Constitutional Law, and Real Property Law.

About Hip Hop & the Law published by Carolina Academic Press

Berklee College of Music explores just what “public performance” means in the age of ubiquitous music in @TheMBJ

December 16, 2014 Leave a comment

“All the world’s a stage,” wrote Shakespeare in As You Like It, and he said as much in other plays. The public performance of creative works, including the work of songwriters, has to be seen in that context today. The advent of the Internet and digital technologies has blurred the lines of demarcation between public and private places, placing an undue burden on those experiencing or performing copyrighted works as to when a particular performance of a work necessitates obtaining a public performance license from the copyright holder.”

Read more: The Music Business Journal, “Copyright in Public Places” by Brian Oliver

%d bloggers like this: