Intellectual property issues and profit disparities for viral social media “stars” @ SxSW

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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.

The panel will explore themes around The Fader’s article: “Black Teens Are Breaking The Internet And Seeing None Of The Profits” in a solutions-focused manner that will not only discuss the ecosystem that maintains the inequalities but also ways to protect and monetize their creative genius on social media.

Simone Bresi-Ando of I’mPOSSIBLE explains:

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

thumbnail_ImP x SxSW 2017 panelist promo INSTAGRAM graphic PROF TONYA EVANSI 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 to join the UNH Law faculty Fall 2017!

unh-law-logo-twitter_400x400I 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).

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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.

[Read the official press release]

 

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.

Article Alert: Statutory Heirs Apparent explores copyright termination right succession in the entertainment industry

2017-01-18-14-27-04My latest article, Statutory Heirs Apparent: Reclaiming Copyright in the Age of Author-Controlled, Author-Benefiting Transfers (119 W. Va. L. Rev 297 (2016)), explores the intersectionality of estate succession laws and copyright and the unintended conflict between a deceased author’s testamentary freedom and the right of the decedent’s statutory heirs to terminate the decedent author’s lifetime transfers.

A number of notable songwriters have successfully reclaimed control over their copyrights from recording companies: Bruce Springstein, Loretta Lynn, Tom Petty, and an original “Village People” member, Victor Willis, for that perennial Karaoke favorite “YMCA”. They all lived long enough to see the copyright termination window open for their respective rights.

However, some authors are not so fortunate.

Case in point: The Ninth Circuit recently heard Ray Charles Foundation v. Robinson, 795 F.3d 1109 (9th Cir. 2015). That case presents facts analogous to the problem the proposed amendment seeks to resolve; that is, when a statutory heir asserts a termination interest clearly contrary to the decedent author’s wishes.

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In that case, Charles named his private charitable foundation as sole heir of his rights and recipient of his royalties during his life and thereafter. In fact, the Foundation is totally funded by the royalties and is prohibited from receiving any other means of support. Separately, he negotiated with his children (all 12 of them) to waive any right to his estate in exchange for half million dollars into an irrevocable trust for each. He died before the termination window opened. The perfect storm.  Continue reading “Article Alert: Statutory Heirs Apparent explores copyright termination right succession in the entertainment industry”