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!
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 Damages: Copyright 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 History of the Program. Since the Workshop began, its participants have published more than 29 books, 44 book chapters, and 500 articles (bibliography 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 …]
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
Follow live tweet at #NBAIPLaw
- 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.
Source: Xiomara Blanco @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.
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
Prof. Evans to present paper at #WIPIP2016 Colloquium on impact of copyright transfer terminations on loan-outs & other gratuitous transfers
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.
The 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.
Video site will defend strong examples of fair use against copyright claims, saying creators can be ‘intimidated’ by the effort required to defend their rights YouTube will go to court to defend filmmakers wrongly accused of copyright infringement, the site has announced.
It will now offer legal support to “a handful of videos” which Google (YouTube’s parent company) believes represent “clear fair uses”. It will also feature them in a special section of the site dedicated to showcasing strong examples of fair use.
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…