Monthly Archives: July 2021

Don’t Film So Close to Me: Can Copyrighted Music Keep Vids of Police Encounters Off The Internet?



In this week’s episode of the Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss recent news stories reporting that police officers played copyrighted music during filmed encounters, ostensibly to keep the videos from being uploaded to the Internet. Scott and Josh discuss how copyright law, the DMCA, and fair use apply to this tactic.

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

Scott’s article on this topic on the IP Law Blog can be read here.

Case discussed: Lenz v. Universal Music Group


Bonus Olympic Episode: IOC Gets Gold in Trademark Enforcement



Graphic with episode title: IOC Gets Gold In Trademark EnforcementIn this bonus episode of the Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss the stringent trademark enforcement protection for Olympic symbols, words, and phrases as well as recent lawsuits that have reinforced that protection.

Lawsuits discussed:
San Francisco Arts & Athletics, Inc. v United States Olympic Committee
USOPC v Puma

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


Space Erotica Flick Not Infringed by Black Mirror



Graphic Title: Space Erotica Flick Not Infringed by Black MirrorThis week on the Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss the copyright lawsuit over a Black Mirror episode starring Miley Cyrus, the plot of which filmmaker Geoffrey Blair Hajim said was lifted from his film “Strange Frame: Love and Sax.”

Watch the episode on the “The Briefing from the IP Law Blog” YouTube channel: https://youtu.be/X1A3lKS7a8s


Nike Threatens Fire & Brimstone Over Satanic Custom Shoe Makers



Graphic that reads: The Briefing The Ip Law Blog Nike Threatens Fire & Brimstone Over Satanic Custom Shoe MakerIn this week’s episode of The Briefing by The IP Law Blog, attorneys Scott Hervey and Josh Escovedo discuss the trademark litigation between Nike and a custom shoe maker, MSCHF (pronounced “Mischief”). In Nike Inc. v MSCHF Product Studio, Inc. Nike sued MSCHF over unauthorized versions of the Nike Air Max 97 featuring satanic imagery. The shoes were tied into marketing by Rapper Lil Nas X, and all 666 pairs created by MSCHF were sold.

View the video recording of this episode on the Weintraub Tobin YouTube channel, here.


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



Opening graphic of The Briefing Video with title of episode: Andy Warhol's Prince Prints Not Fair Use!? Part Two In this week’s episode, attorneys Josh Escovedo and Scott Hervey discuss an update to the litigation over Andy Warhol’s series of portraits of the artist Prince (Andy Warhol Foundation v Goldsmith). They provide a recap of last week’s episode, which 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. That decision overturned a lower court decision in favor of the Warhol Foundation.

This week, Scott and Josh discuss the possible impact of the Supreme Court fair use decision in Google LLC v Oracle America, Inc., including the Andy Warhol Foundation’s petition to the Second Circuit for review of the Goldsmith decision.

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