Last week I explored this question with Verge podcaster Nilay Patel on his popular show DeCoder. Nilay explained:
A lot of Web3 ideas seem to run directly into the existing legal system in complicated and sometimes very funny ways. The NFT world seems to have an impressionistic understanding of copyright law. DAOs, well, they aren’t actually recognized as legal entities in most states. So in a very technical sense, they can’t actually do anything in the real world. But all these things still exist, and at some point, the law will have to catch up.
So, today, I’m talking to Tonya Evans, a law professor at Penn State Dickinson Law. She teaches IP law, copyright, and blockchain. She also hosts the Tech Intersect podcast, where she covers how law and technology intersect. She has spent a lot of time thinking about crypto assets and how they interact with the law. Tonya’s point of view is that we shouldn’t just abandon many of the legal frameworks we have today — she just wants them to adapt to this new internet.
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.
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
I 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!
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.
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 …]