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Volume 91 — No. 20 — 10/16/2020 Court Issue FRIDAY, OCTOBER 23, 2020 9 a.m. - 4 p.m. THE ESSENTIALS OF Only MUSIC MCLE 7/1 COPYRIGHT LAW LEARNING OBJECTIVES: • The origins of copyright law and what is a copyright. • The two copyright in every song. • How to register your copyrights and why it’s important to do so. • What is music publishing and what publishers do. • All the exclusive right s you get with a copyright. featured presenter: • All the revenue streams that songs can generate. • The burden of proof and defenses to music copyright infringement cases. Jim Jesse, CEO/Founder, Rock N Roll Law ETHICS PORTION: • The band/group is the client, not the individual members, unless there is informed consent. • Who in the band do you go to? Is there a hierarchy of leadership? Can you go to manager or record label? • This goes back to the importance of the operating agreement. Who are the leaders? • And much, much more! Stay up-to-date and follow us on TUITION: Registration for the live webcast is $200. Members licensed 2 years or less may register for $85 for either the in-person program or the live webcast. This program may be audited (no materials or CLE credit) for $50 by emailing to register go to www.okbar.org/cle [email protected] or call 405-416-7029 to register. THE OKLAHOMA BAR JOURNAL is a publication of the Oklahoma Bar Associa- tion. All rights reserved. Copyright© 2020 Oklahoma Bar Association. Statements or opinions expressed herein are those of the authors and do not necessarily reflect those of the Oklahoma Bar Association, its officers, Volume 91 – No. 20 – Oct. 16, 2020 Board of Governors, Board of Editors or staff. Although advertising copy is reviewed, no endorsement of any product or service JOURNAL STAFF BOARD OF EDITORS offered by any advertisement is intended or implied by publication. Advertisers are solely JOHN MORRIS WILLIAMS MELISSA DELACERDA FRIDAY, responsible for the content of their ads, and Editor-in-Chief Stillwater, Chair the OBA reserves the right to edit or reject [email protected] OCTOBER 23, 2020 any advertising copy for any reason. LUKE ADAMS, Clinton Legal articles carried in THE OKLAHOMA CAROL A. MANNING, Editor AARON BUNDY, Tulsa 9 a.m. - 4 p.m. BAR JOURNAL are selected by the Board of Editors. Information about submissions can [email protected] CASSANDRA L. COATS, be found at www.okbar.org. Vinita LAUREN RIMMER PATRICIA A. FLANAGAN BAR CENTER StaFF Advertising Manager Yukon John Morris Williams, Executive Director; Gina [email protected] L. Hendryx, General Counsel; Jim Calloway, AMANDA GRANT, Spiro Director of Management Assistance Program; Craig D. Combs, Director of Administration; VIRGINIA D. HENSON, Norman THE ESSENTIALS OF Janet K. Johnson, Director of Educational C. SCOTT JONES, Programs; Beverly Petry Lewis, Administrator Oklahoma City MCLE Commission; Carol A. Manning, Director of Communications; Dawn Shelton, ROY TUCKER Director of Strategic Communications and Muskogee Marketing; Richard Stevens, Ethics Counsel; Only Robbin Watson, Director of Information Technology; Loraine Dillinder Farabow, MUSIC Peter Haddock, Tracy Pierce Nester, OFFICERS & Katherine Ogden, Steve Sullins, Assistant BOARD OF GOVERNORS General Counsels; SUSAN B. SHIELDS, President, Oklahoma City; Les Arnold, Julie A. Bays, Gary Berger, BRANDI N. NOWAKOWSKI, Vice President, Shawnee; MICHAEL C. Debbie Brink, Melody Claridge, Cheryl Corey, COPYRIGHT LAW MORDY, President-Elect, Ardmore; CHARLES W. CHESNUT, MCLE 7/1 Ben Douglas, Dieadra Florence, Johnny Marie Floyd, Matt Gayle, Suzi Hendrix, Immediate Past President, Miami; MATTHEW C. BEESE, Muskogee; LEARNING OBJECTIVES: Debra Jenkins, Rhonda Langley, Jamie Lane, MICHAEL J. DAVIS, Durant; TIM E. DECLERCK, Enid; JOSHUA A. • The origins of copyright law and what is a copyright. Durrel Lattimore, Edward Maguire, EDWARDS, Ada; AMBER PECKIO GARRETT, Tulsa; BRIAN T. • The two copyright in every song. Renee Montgomery, Whitney Mosby, HERMANSON, Ponca City; ANDREW E. HUTTER, Norman; DAVID T. • How to register your copyrights and why it’s important to do so. Lauren Rimmer, Tracy Sanders, Mark MCKENZIE, Oklahoma City; BRIAN K. MORTON, Oklahoma City; • What is music publishing and what publishers do. Schneidewent, Kurt Stoner, Krystal Willis, Laura Willis & Roberta Yarbrough MILES T. PRINGLE, Oklahoma City; ROBIN L. ROCHELLE, Lawton; • All the exclusive right s you get with a copyright. D. KENYON WILLIAMS JR., Tulsa; JORDAN L. HAYGOOD, Chair- • All the revenue streams that songs can generate. featured presenter: Oklahoma Bar Association 405-416-7000 person, OBA Young Lawyers Division, Shawnee • The burden of proof and defenses to music copyright infringement cases. Toll Free 800-522-8065 Jim Jesse, FAX 405-416-7001 CEO/Founder, Rock N Roll Law ETHICS PORTION: Continuing Legal Education 405-416-7029 The Oklahoma Bar Journal Court Issue is published twice • The band/group is the client, not the individual members, unless there is Ethics Counsel 405-416-7055 monthly and delivered electronically by the Oklahoma Bar informed consent. General Counsel 405-416-7007 Association, 1901 N. Lincoln Boulevard, Oklahoma City, • Who in the band do you go to? Is there a hierarchy of leadership? Can you Lawyers Helping Lawyers 800-364-7886 Oklahoma 73105. go to manager or record label? Mgmt. Assistance Program 405-416-7008 • This goes back to the importance of the operating agreement. Who are the Mandatory CLE 405-416-7009 Subscriptions $60 per year that includes the Oklahoma Bar leaders? Board of Bar Examiners 405-416-7075 Journal magazine published monthly, except June and July. Oklahoma Bar Foundation 405-416-7070 • And much, much more! Law students registered with the OBA and senior members Stay up-to-date and follow us on www.okbar.org may subscribe for $30; all active members included in dues. TUITION: Registration for the live webcast is $200. Members licensed 2 years or less may register for $85 for either the in-person program or the live webcast. This program may be audited (no materials or CLE credit) for $50 by emailing Vol. 91 — No. 20 — 10/16/2020 The Oklahoma Bar Journal 1175 to register go to www.okbar.org/cle [email protected] or call 405-416-7029 to register. Oklahoma Lawyers for Children & Friends Cookbook Fundraiser Oklahoma Lawyers for Children has created a cookbook that will be available during the holidays. The cookbook will be full of recipes from our staff, Board of Directors, court partners, local restaurants and more! Pre-orders for The OLFC & Friends Cookbook are available now until November 15th, 2020 for $40. Pre-orders can be purchased using this QR code, or on our website at WWW.OLFC.org/cookbook representation for kids in the foster care system. Without the support we receive from our Oklahoma Lawyers for Children is the only local nonprofit that provides high quality legal community our efforts would not be possible. The OLFC & Friends Cookbook is co-sponsored by the OBA Juvenile Law Section and OCBA Community Service Committee. OKLAHOMA BAR ASSOCIATION table of contents Oct. 16, 2020 • Vol. 91 • No. 20 page 1178 Index to Court Opinions 1179 Opinions of Supreme Court 1238 Board of Governors Vacancies and Nominating Petitions 1239 2020 Report of the Title Examination Standards Committee of the Real Property Law Section 1256 Opinions of Court of Civil Appeals 1267 Disposition of Cases Other Than by Publication Vol. 91 — No. 20 — 10/16/2020 The Oklahoma Bar Journal 1177 Index to Opinions of Supreme Court 2020 OK 78 In Re: Amendment of Rule Two of the Rules Governing Admission to the Practice of Law, 5 O.S. 2011, Ch. 1, app. 5 SCBD 6961 ................................................................ 1179 2020 OK 80 In re: EDDIE JOE ADAMS, Debtor. No. 118,735 ............................................................ 1182 2020 OK 81 TOCH, LLC, an Oklahoma Limited Liability Company Plaintiff/Appellee, v. CITY OF TULSA, an Incorporated Municipality, Defendant/Appellant, and TULSA HOTEL PARTNERS, LLC, an Oklahoma Limited Liability Company, Intervenor/ Appellant. No. 118,682 ..................................................................................................................... 1188 2020 OK 82 State of Oklahoma ex rel. Oklahoma Bar Association, Complainant. Tuan Anh Khuu, Respondent. No. SCBD 6946 ............................................................................................... 1196 2020 OK 83 BETTY SUE ADAMS PURCELL; GILBERT LYNN PURCELL, JR.; SUSAN DENISE PURCELL PERINE; TWILA JUNE ADAMS MILLER; and BECKY LYNN MILLER CONTI, Petitioners/Appellants, vs. TODD A. PARKER, and JESSICA D. PARKER, husband and wife; STATE OF OKLAHOMA, ex rel. OKLAHOMA WATER RESOURCES BOARD, CASILLAS OPERATING, LLC.; and SELECT ENERGY SER- VICES, LLC. Respondents/Appellees. No. 118,328 ..................................................................... 1198 2020 OK 84 THE STATE OF OKLAHOMA, ex rel, THE COMMISSIONERS OF THE LAND OFFICE, Plaintiff/Appellee, vs. STEPHENS AND JOHNSON OPERATING COMPANY, INC. Defendant/Appellant. No. 116,229 ................................................................ 1207 2020 OK 86 State of Oklahoma ex rel. Oklahoma Bar Association, Complainant, v. Shelley Lynne Levisay, Respondent. SCBD 6827 ....................................................................................... 1211 2020 OK 87 ISAAC SUTTON and CELESTE SUTTON, Plaintiffs/Appellees, v. DAVID STANLEY CHEVROLET, INC., Defendant/Appellant Case No. 117,587; Comp. w/117,588 ..........................................................................................................................................
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