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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.

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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

 

Happy World Intellectual Property Day!

April 26, 2014 Leave a comment

On April 26 every year, we celebrate World Intellectual Property Day in order to promote discussion of the role of intellectual property (IP) in encouraging innovation and creativity.

World IP Day is a wonderful way to acknowledge and celebrate the tremendous contribution that the creative industries make to our cultural heritage and development, from large-scale Hollywood productions to iconic works of visual art by individual creators.  This year’s theme of Movies- A Global Passion, allows us to recognize the many screen writers, directors, producers, performers and behind the scenes technicians, who make the films we enjoy so magical.

– Karyn Temple Claggett, Associate Register of Copyrights and Director of Policy and International Affairs, United States Copyright Office, Library of Congress

Visit the World Intellectual Property Organization for more information

Widener Law Journal Hosts Groundbreaking Bankruptcy & Beyond Symposium in Harrisburg Apr 14th

April 11, 2014 Leave a comment

PROF NOTE: As faculty advisor to the Widener Law Journal, I am honored to moderate the panel on Financing Municipalities with panelists Christine Sgarlata Chung, Associate Professor, Albany Law School, Randle B. Pollard, Assistant Professor, Indiana University Kelley School of Business and David Unkovic, McNees Wallace & Nurick, LLC.

Bankruptcy and Beyond: Solving the Problem of Municipal Financial Distress

Municipal financial distress is a problem of enormous importance both nationally and in Pennsylvania. Detroit recently filed the largest municipal bankruptcy case in history, 21 cities in Pennsylvania are in Act 47, the Municipalities Financial Recovery Act program, and Harrisburg is on its way to recovery after operating in receivership for over two years.
This symposium, presented on Monday April 14, 2014 by the Widener Law Journal of Widener University School of Law’s Harrisburg, Pennsylvania Campus, will explore the causes of municipal distress and approaches to alleviating the problem. Reducing existing debt is not enough; policymakers must think creatively about municipal structure, finance, and expenditures. The invited speakers include experts in state and local government law, municipal finance and tax issues, public pensions, and Chapter 9 bankruptcy.
The symposium (which offers six CLE credits and valuable networking opportunities) will provide a unique opportunity for nationally recognized scholars in a variety of areas related to municipal financial distress to exchange ideas with professionals involved in Harrisburg’s recovery.

Click Here to Register and for More Information

Distinguished speakers and panelists

DISTINGUISHED ADDRESS
General William Lynch Former Receiver for the City of Harrisburg
SPEAKERS:
Michelle Wilde Anderson University of California, Berkeley School of Law
Hon. Thomas Bennett U.S. Bankruptcy Court, Northern District of Alabama
Christine Sgarlata Chung Albany Law School
Hon. Mary D. France U.S. Bankruptcy Court, Middle District of Pennsylvania
Jarad Handelman First Executive Deputy General Counsel to Governor Tom Corbett
Mark Kaufman McKenna Long & Aldridge LLP
Juliet M. Moringiello Widener University School of Law
Guy S. Neal Sidley Austin LLP
Matthew Parlow Marquette University School of Law
Randle Pollard Indiana University Kelley School of Business
Scott Pryor Regent University School of Law
Frank H. Shafroth George Mason University
David A. Skeel University of Pennsylvania School of Law
David Thornburgh University of Pennsylvania Fels Institute of Government
David Unkovic McNees Wallace & Nurick LLC

‘Dumb Starbucks’ parody shuts down but debate over trademark law & parody continues

February 18, 2014 3 comments

By Professor Tonya M. Evans

dumbstarbucks-cupsOn February 9th, The Huff Post and other media outlets reported the grand opening of a store in the Los Feliz neighborhood of Los Angeles, “Dumb Starbucks”. The clever prankish parody even caught the attention of Forbes:

‘Although it looks like Starbucks, smells like Starbucks and even acts like Starbucks (the super-friendly baristas asking for your name were hired off Craigslist), the whole thing is an elaborate goof on Starbucks culture. A list of Frequently Asked Questions posted on premises compared the place to Weird Al Yankovic’s homage to Michael Jackson’s “Beat It.” Dumb Starbucks, you see, is the “Eat It” of $6 coffee drinks.’ Source: Forbes.com

Amazingly, people stood in line for hours for the Dumb Starbucks java, which reportedly was whatever the local grocery store had on hand for the few days Dumb Starbucks remained open. The locals and media alike seemed to get a big kick out of the entire thing. Starbucks execs? Um, not so much. The Dumb Starbucks mastermind, Comedy Central comedian Nathan Fielder from Nathan for You, explained the method to his parodic madness and the Starbucks response to Jimmy Kimmel recently:

The store shutdown for reasons completely unrelated to the trademark vs. parody debate. It seems that Fielder not only caught the attention of the coffee giant, Starbucks, but also the local health department. The Health Department cited code violations for selling coffee without a permit. And there is no word on whether Fielder will attempt to secure the necessary permissions to re-open. But what is sure to re-open and remain so is the debate on whether the First Amendment and parody trumps trademark law. Read more…

“‘Safe Harbor’ for the Innocent Infringer in the Digital Age” makes weekly Top 10 D/L list at SSRN

February 6, 2014 Leave a comment

Willamette Law Review, Vol. 50, No. 1, 2013
Widener Law School Legal Studies Research Paper No. 14-04
Abstract: 

WillametteLawRev-CoverThe primary goal of this Article is three-fold:
(1) to explore the role of the innocent infringer archetype historically and in the digital age;
(2) to highlight the tension between customary and generally accepted online uses and copyright law that compromise efficient use of technology and progress of the digital technologies, the Internet, and society at large; and
(3) to offer a legislative fix in the form of safe harbor for direct innocent infringers.
Such an exemption seems not only more efficient but also more just in the online environment where unwitting infringement for the average copyright consumer is far easier than ever to commit, extremely difficult to police, and often causes little, if any, cognizable market harm.

Marvin Gaye Estate Takes Off Boxing Gloves, New Claims against Thicke, EMI

October 30, 2013 Leave a comment

Source: HollywoodReporter.com “Exclusive”

After Robin Thicke and his Blurred Lines cohorts filed a declaratory law suit against the Marvin Gaye estate to assert that his summer sensation Blurred Lines did not infringe Gaye’s copyright, the lines of communication between Thicke and the Gaye estate were more than blurred, they were fractured. Now it seems they’re severed completely and the only communication coming from either camp is between a serious cadre of lawyers.

thicke_gaye_recordmashupThe Gaye estate has taken off the proverbial boxing gloves in a full-out assault to protect Gaye’s copyrights. Yes, plural.

Marvin Gaye’s family is responding in a major way to Robin Thicke’s lawsuit claiming that “Blurred Lines” wasn’t stolen from Gaye’s “Got to Give It Up.”

On Wednesday, the family went nuclear with counterclaims that allege that Thicke stole the summer mega-hit and also committed copyright infringement on Gaye’s “After the Dance” to create his song, “Love After War.” What’s more, the new legal papers obtained by The Hollywood Reporter suggest that Thicke’s “Marvin Gaye fixation” extends further to more songs in the Thicke repertoire.

Read the full article at HollywoodReporter.com

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