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!
I 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).
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.
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.
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.
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.
Evans chapter on copyright appears in ‘Hip Hop and The Law’ anthology pub’d by Carolina Academic Press
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.
What 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.
Associate Professor Tonya Evans, who teaches Copyright and other intellectual property courses, as well as Wills, Trusts & Estates, and Property at Widener Law School-PA, will present her current work-in-progress at the annual Drake Law IP Roundtable in Des Moines, IA March 27-28th, 2015.
The article explores a nuanced intersection and incongruence between copyright and estate law. Professor Evans assesses the ability of a copyright creator to make, for estate planning or purely business reasons, lifetime transfers of her copyright interests into her trust or entertainment services loan-out corporation, or, perhaps, to a charitable organization as a gift, and identifies an apparently unfettered right of that copyright creator’s Statutory Heirs (as defined in the Copyright Act), who stand to inherit the transfer termination right, to effectively terminate the creator’s transfer and override her testamentary freedom and intent to dispose of copyright assets in some other way. Read more…
On Wednesday, June 18th, the Trademark Trial & Appeal Board (TTAB), an administrative arm of the United States Patent and Trademark Office (USPTO), ruled the NFL Washington “Redskins” trademark should be canceled on the grounds that it is disparaging to Native Americans.
If you’re an early bird, tune into The Matt McGill Morning Show onWVON 1690AM “The Talk of Chicago” (wvon.com) Thursday June 19th at 8:05 AM ET/7:05 AM CT to hear me analyze what the cancellation ruling says and, more importantly, what it means. If you’re not in Chicago or able to tune in via the radio, listen live at
About the Matt McGill “The Talk of Chicago” Morning Show
Matt McGill is one the country’s premier morning-drive personalities. As a host on one of the nation’s only Urban Talk radio stations, McGill’s morning show is the only locally produced program which targets affluent African-American adults in what is the largest market in the country. McGill offers substantive conversation mixed with his own brand of observational humor, making him a favorite amongst Chicago’s movers and shakers; business and community leader; as well as politicians.