Monthly Archives: June 2021

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

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.

Watch a video version of this episode on the Weintraub YouTube channel, here.

Listen to part two of this topic here.

Watch part two of this topic here.

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

In 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.

Watch this episode on YouTube here.

Watch a previous episode of The Briefing by the IP Law Blog discussing the Empire litigation, here.

Read an article Scott wrote on how the Empire litigation extended the permitted use of third-party trademarks on The IP Law Blog, here.

Read an article on The IP Law Blog about the “Honey Badger” case, here.

Defamation Lawsuit Against Netflix Dropped + New York Protects Dead Celebrities

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

Watch this episode 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.