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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!

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Prof. Evans to present paper at #WIPIP2016 Colloquium on impact of copyright transfer terminations on loan-outs & other gratuitous transfers

January 22, 2016 Leave a comment

On February 18-19, 2016 the University of Washington Law School and Center for Advanced Study & Research on Innovation Policy (CASRIP) will host the annual Works-in-Progress Intellectual Property (WIPIP) Colloquium.

intellectual_property_transferThe organizers selected Professor Evans to present her work-in-progress, Reclaiming Copyright in the Age of Celebrity Loan-Outs & Gratuitous Transfers, at this esteemed IP law conference.

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.

In this Article, Professor Evans focuses on what has actually transpired since that trigger date. In addition, she considers how to reconcile the probate and nonprobate dispositions of copyright termination interests in a way that best honors an author’s testamentary intent given what we can now glean in fact from the post-1977 termination cases just starting to make their way through the court system.

WIPIP is one of the largest academic conferences for U.S. IP academics fostering robust and productive discussion of intellectual property law and policy scholarship. The Colloquium provides intellectual property scholars with a forum to present their academic works-in-progress and receive early feedback from their colleagues.

That same weekend, CASRIP will also host The Forum will be held on February 18, 2016 at the Hotel Deca. The IV Asia Pacific IP Forum hosted by CASRIP will bring together founding members from UW, UC Berkeley, Waseda University, Hokkaido University, Seoul National University, Renmin University and National Taiwan University, as well as leading Pacific Rim scholars, practitioners, judges and policymakers, to discuss comparative transnational IP law in practice.

More information about Professor Tonya M. Evans

More details about WIPIP 2016

 

Evans pens essential guide to literary contracts for writers

August 31, 2015 Leave a comment

contracts-companion-cover_200By thoroughly examining more than a dozen publishing industry contracts, this how-to guide answers the most common questions writers ask about publishing, agency, coauthoring, working-for-hire, and other agreements.

This reference breaks down the complex legalese in each contract and provides a clause-by-clause explanation of their contents. Commentary on negotiation points and the consequences related to the absence or presence of critical verbiage will help those—from the most seasoned author signing with a major publishing firm to an author who aspires to publish or is thinking of working with a collaborator on a project—who seek to demystify the process of signing important agreements operate from a more knowledgeable position.

Published by Legal Write Publications (978-0967457987). Buy now at Amazon.com.

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

Prof. Evans Talks Lit Law at NJ Beach Writers Retreat

October 16, 2013 Leave a comment

UPDATE: Event was canceled, to be rescheduled in 2014.

The North Wildwood Beach Writers, in conjunction with Atlantic Cape Community College, will host their first Autumn Retreat on Oct. 27. The registration deadline is October 17th.

This one-day seminar, a satellite of North Wildwood Beach Writers Conference held in June every year, focuses on protecting your rights as an author.

Guest speaker is Tonya M. Evans, Associate Professor of Law at Widener University School of Law and an attorney specializing primarily in intellectual property (copyright and trademark).

Tonya is also a performance poet, singer and writer, and the author of numerous books, including “Literary Law Guide for Authors: Copyright, Trademark, and Contracts in Plain Language.” Her short story, “Not Tonight,” appears in “Proverbs for the People.”

In the afternoon, award-winning author Don Helin, (“Devil’s Den”) will discuss his perspective. Attendees will receive Continuing Education Credits from Atlantic Cape Community College.

The Retreat takes place at Jessie Creek Winery, 1 N. Delsea Drive in Cape May Court House, NJ from 8:30 a.m. to 4:30 p.m. A continental breakfast, gourmet lunch, and networking wine tasting are included.

Visit nwbwc.com for details and registration form. Or e-mail nwbwc12@gmail.com.

Marvel, Freelancer come to a win-win over Ghost Rider Copyright Battle

September 11, 2013 Leave a comment

Impending trial dates have a funny way of inspiring settlement agreements …. TE

SOURCE: Reuters.com

By: Bernard Vaughan NEW YORK

“Marvel Comics has agreed to settle a lawsuit by a comic book writer who sued the publisher over the copyright to the flaming-skulled character Ghost Rider. The agreement, disclosed in a letter filed Friday in U.S. District Court in Manhattan, if finalized would resolve five-years of litigation brought by former Marvel freelancer Gary Friedrich, who claimed he created the motorcycle-riding vigilante.

….

Gary Friedrich began considering legal action against the comic book company in 2004 when he learned of an impending movie adaptation. He sued Marvel for copyright infringement, claiming that he owned the character and its use in films as well as toys, video games and other merchandise. Marvel argued that while Friedrich contributed ideas, the comic was created through a collaborative process.”

Read the complete article “Marvel, writer agree to settle Ghost Rider copyright suit” at Reuters.com

**Hot Topic presented originally by T. Wise, member the faux student firm of Zarefoss, Petrou & McClogan in my Copyright & Trademark class.**

Evans Presents Legal Side of Writing Teleclass for “Write Your Book in 30 Days” Participants

August 7, 2013 Leave a comment

On Thursday, August 8th, Professor Evans will present the popular Legal Matters that Matter teleclass  to over 2000 members of the “Write Your Book in 30 Days” Challenge, created by Andrew Morrison and co-facilitated by Joy Farrington.

About The Legal Matters that Matter to Writers Teleclass
LWPdotcom_april2011It is an informative and engaging presentation tailored specifically for writers and independent publishers who want straightforward, clear, and concise answers to the most common and pressing legal issues in the publishing industry. After attending this workshop you will understand:

  • how copyright is created and protected
  • what is considered a fair use in print and on the Internet
  • what can and cannot be copyrighted
  • how legally to refer to real people, places, and events in one’s own work
  • the real deal about the myth of the Poor Man’s copyright
  • the critical timing of when to register your work with the Copyright Office
  • the most common contracts involved in securing, licensing and transferring copyright and other rights
  • things to consider when you are sealing the deal

Image of Literary Law Guide for AuthorsThe workshop is based on the award-winning Literary Entrepreneur Series of books Literary Law Guide for Authors, Copyright Companion for Writers and Contracts Companion for Writers.

About “Write Your Book in 30 Days”!
The Write Your Book in 30 Day! Challenge was created by Andrew Morrison and is co-facilitated, Joy Farrington.
During the challenge (which happens several times each year), participants are encouraged to write a 70-100 pages book that will help them brand their brilliance. Andrew and Joy believe that a book is the new business card and share with participants how to use their book to:
  1. Build their brand
  2. Gain New Customers
  3. Build Trust with Potential Customers
  4. Attract Media Attention
  5. Build an Author Platform
  6. Becoming known as an Expert in their Industry
  7. Creating a Stream of Passive Income

Click here to participate in the challenge & this EXCLUSIVE teleseminar

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