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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

 

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Village People member & writer of YMCA uses law to reclaim his copyrights!

September 11, 2013 1 comment

Credit: Robert Benson, NY Times

Creative Commons License
Village People member & writer of YMCA uses law to reclaim his copyrights! by Professor Tonya M. Evans is licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 3.0 Unported License.
Based on a work at https://proftevans.wordpress.com/2013/09/11/ymcasong/.

Forget Y … M … C … A.

V (which stands for victory) is Victor Willis’s new favorite letter of the alphabet. That’s because he, the “policeman” member of the Village People, successfully used a powerful right in the Copyright Act called termination of transfers to reclaim his copyright in the popular and perennial hit YMCA and other songs.

The termination right is a little known but powerful opportunity for people who’ve created copyrighted works (like a songwriter, writer, photographer, for example) and transferred them to others (a recording or publishing company, for example) to get their rights back 35 years after the transfer. It’s a right that exists regardless of what the original transfer document said. So all of that “in perpetuity” language? Forget about it. The right cannot be contracted away but it can be forever lost if not exercised in a timely or proper fashion. Read more…

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