Category Archives: Copyright Law

Is the Server Test Ready for a Reboot?



Erodingblue power button for computerIn this episode of The Briefing by the IP Law Blog, Weintraub attorneys Scott Hervey and Josh Escovedo discuss the impact of Alexis Hunley, et al v. Instagram, LLC on copyright law, specifically on the Server Test. Considered one of the top copyright cases to watch, Hunley deals with the practice of “embedding” and its copyright implications.

Watch the video of this episode on Vimeo.

Read Scott’s blog post about this case on The IP Law Blog.


What Makes a Character Protectable Under Copyright



What Makes a Character Protectable Under CopyrightIn this episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss a copyright dispute between Carroll Shelby Licensing and the widow of the late filmmaker H. B. Halicki regarding copyright protection granted to Eleanor, a car featured in the 1974 film “Gone in 60 Seconds.”


Update – Andy Warhol Foundation Urges Supreme Court to Reverse Fair Use Decision



Update - Andy Warhol Foundation Urges Supreme Court to Reverse Fair Use DecisionIn this episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo provide an update on the copyright dispute between a photographer and the Andy Warhol Foundation over several Warhol paintings that utilize the photographer’s images as source material.

Watch this episode on the Weintraub YouTube channel, here.


Top Gun Maverick – Right Into The Copyright Lawsuit Zone



In this episode of The Briefing by the IP Law BlogScott Hervey and Josh Escovedo discuss a copyright dispute, in which the heirs of the author who inspired the movie “Top Gun” claim that the film’s sequel infringes on their copyright to the story.

Watch this episode on the Weintraub YouTube channel, here.


What The Settlement of Ratajkowski/Paparazzi Copyright Lawsuit Means For Fair Use



What The Settlement of Ratajkowski.Paparazzi Copyright Lawsuit Means For Fair UseIn this episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo provide an update on the copyright infringement dispute between a paparazzo and Emily Ratajkowski, and discuss the settlement’s implications for Fair Use.

Watch this episode on the Weintraub YouTube channel, here.


The Supreme Court Grants Certiorari in Copyright Infringement Action Involving Warhol, Prince, and Goldsmith



The Supreme Court Grants Certiorari in Copyright Infringement Action Involving Warhol, Prince, and GoldsmithIn this episode of The Briefing by the IP Law BlogScott Hervey and Josh Escovedo discuss a photographer’s copyright infringement action against the Andy Warhol Foundation, over several Warhol paintings that utilize the photographer’s images as source material.

Watch this episode on the Weintraub YouTube channel, here.


Senator Hawley Targets Disney with So-Called Copyright Reform Bill



In this episode of The Briefing by the IP Law BlogScott Hervey and Josh Escovedo discuss Senator Josh Hawley’s proposed copyright bill and its implications for the Walt Disney Company.

Watch this episode on the Weintraub YouTube channel, here.


Supreme Court Petitioned to Overturn 8th Circuit’s Holding on Architectural Plans that Upends “Standard Marketing Practices” in Real Estate Industry



In this episode of The Briefing by the IP Law BlogScott Hervey and Josh Escovedo discuss the 8th Circuit’s opinion on copyright protection for architectural plans that could uphend “standard marketing practices” in Real Estate.

Watch this episode on the Weintraub YouTube channel, here.


Copyright Office Rejects Application for A.I. Created Art Work



Copyright Office Rejects Application for A.I. Created Art WorkIn this episode of The Briefing by the IP Law BlogScott Hervey and Josh Escovedo discuss the U.S. Copyright Office’s refusal to register a copyright for a piece of artwork created by Artificial Intelligence.

Watch this episode on the Weintraub YouTube channel, here.