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

August 8, 2017 Leave a comment

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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:

 

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.

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.

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