Category Archives: Copyright Law

Space Erotica Flick Not Infringed by Black Mirror



This 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 Weintraub YouTube channel, here.


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.

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

Listen to part one of this topic, here.

Watch part one of this topic, here.


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.


“Inspired By” Characters – Defamation Lawsuit As a Spinoff Part II



In this second of two episodes on this topic, Weintraub Tobin attorneys Scott Hervey and Josh Escovedo discuss defamation lawsuits in movies and TV that deal with “Inspired by” characters.

Watch this episode on Weintraub’s YouTube channel, here.

Listen to part one of this series here.

Read Scott Hervey’s blog post about this topic on the IP Law Blog.


“Inspired By” Characters – Defamation Lawsuit As a Spinoff Part I



This episode is part one of a two-part series of The Briefing by the IP Law Blog in which Weintraub Tobin attorneys Scott Hervey and Josh Escovedo discuss defamation lawsuits in movies and TV that deal with “Inspired by” characters.

Watch this episode on Weintraub’s YouTube channel, here.

Listen to part two of the series here.

Watch part two of the series here.

Read Scott Hervey’s blog post about this topic on the IP Law Blog.


9th Circuit Provides Clear Copyright Guidance for Producers of Bio Pics



In this episode of The Briefing by the IP Law Blog, Weintraub Tobin attorneys Scott Hervey and Josh Escovedo discuss copyright litigation around the “Jersey Boys” — a musical and movie about The Four Seasons– involving an unpublished biography by one of the band members.

Watch this episode on Weintraub’s YouTube channel, here.


The Essential Purpose of the Short Form Copyright Assignment



In this episode of The Briefing by the IP Law Blog, Weintraub attorneys Scott Hervey and Josh Escovedo discuss Scott’s article covering the merits of filing a Short Form Copyright Assignment.

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

Read the full article on the IP Law Blog, here


Copyright Infringement: BuzzFeed just got Buzz Worthy



In this episode of The Briefing by the IP Law Blog, Weintraub Tobin IP attorneys Scott Hervey and Josh Escovedo discuss Scott’s article on a copyright dispute between a photographer and Buzzfeed.

Watch the episode on Weintraub’s YouTube channel, here.

Read the full article on the IP Law Blog, here: “Second Circuit Frames Novel Issue of Photographer’s Claim of Copyright Infringement and DMCA Violation”