Category Archives: Entertainment IP

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


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


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.


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.


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



In this second of a two-part series of The Briefing, Weintraub Tobin attorneys Scott Hervey and Josh Escovedo discuss defamation lawsuits in movies and TV that deal with “Inspired By” characters.

You can listen to part one of this series here.

You can 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 in which Weintraub Tobin attorneys Scott Hervey and Josh Escovedo discuss defamation lawsuits in movies and TV that deal with “Inspired By” characters.

You can listen to part two of the series here.

You can read Scott Hervey’s blog post about this topic on the IP Law Blog.


Celebrities Sued for Posting Images of Themselves



In this episode, Scott and Josh discuss the possible legal issues celebrities face when they post images of themselves that they did not take.

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


The Ninth Circuit Affirms That Comic-Con isn’t Generic



This week, Intellectual Property attorney Scott Hervey talks with IP attorney and Law Blog author Josh Escovedo about his article “The Ninth Circuit Affirms Ruling that COMIC-CON isn’t Generic for Comic Conventions.”

Read Josh’s article 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.