Monthly Archives: June 2021

Andy Warhol’s Prince Prints: Not Fair Use!? (Part One)



Title Graphic from The Briefing from the IP Law Blog, featuring the episode title.In this week’s episode, attorneys Josh Escovedo and Scott Hervey discuss the litigation over Andy Warhol’s series of portraits of the artist Prince (Andy Warhol Foundation v Goldsmith). Their discussion covers the Second Circuit decision in favor of Goldsmith, the photographer whose image Warhol used to create the Prince Portraits, and the holding that Warhol’s renditions were not transformative enough to be fair use. The decision overturned a lower court decision in favor of the Warhol Foundation.

Production Note: This episode includes a discussion of the high-profile litigation between the artist Shepard Fairey and the Associated Press over Fairey’s iconic “Hope” poster of then-presidential candidate Barack Obama. Throughout the episode, Scott and Josh mispronounce Fairey’s last name as “Farley.”  They offer apologies to listeners and to the artist.

A video version of this episode can be found on “The Briefing from the IP Law BlogYouTube channel, here.


What’s In a Name: Clearing Titles for Film and Television



Title Frame - The Briefing from the IP Law Blog. What's In a Name: Clearances for Film and TelevisionIn this week’s episode, attorneys Scott Hervey and Josh Escovedo discuss the process of clearing titles for Film and Television shows. They discuss recent high-stakes litigation around entertainment titles, including Stouffer v. National Geographic Partners LLC, Jon Astor-White v. Daniel Strong (Empire), and the “Honey Badger” case.

View the video on YouTube here:https://youtu.be/3w8Bcjb6__A

Here’s a link to a previous episode of The Briefing discussing the Empire litigation: https://www.theiplawblog.com/2020/10/articles/copyright-law/empire-copyright-litigation/

Here’s an article Scott wrote on how the Empire litigation extended permitted use of third-party trademarks: https://www.theiplawblog.com/2017/12/articles/trademark-law/ruling-in-lawsuit-over-foxs-use-of-empire-extends-permitted-use-of-third-party-trademarks/

Here is a link to an article on the IP Law Blog about the “Honey Badger” case: https://www.theiplawblog.com/2018/08/articles/ip/honey-badger-dont-care-the-rogers-test-and-trademark-infringement/


Defamation Lawsuit Against Netflix Dropped + New York Protects Dead Celebrities



Scott Hervey and Josh Escovedo discuss two topics in this episode of The Briefing. First, they talk about GEO Group’s defamation lawsuit against Netflix over the show “Messiah,” just dropped. Then, at 8:20, they move onto New York’s new post-mortem Right of Publicity law.

The video recording of this conversation is on Weintraub Tobin’s YouTube channel.

For more information on the New York statute, read Scott’s post on the IP Law Blog: I See Dead People…Filing Lawsuits in New York.