Tag Archives: Fair Use

New York Times v. Perplexity AI: Copyright, Hallucinations, and Trademark Risk



In this episode of The Briefing, Weintraub Tobin partners Scott Hervey and Matt Sugarman break down The New York Times v. Perplexity AI, a lawsuit that goes beyond copyright and into largely untested trademark territory. They discuss the Times’ allegations that Perplexity copied its journalism at both the input and output stages and, more significantly, that the AI attributed fabricated or inaccurate content to the Times using its trademarks. The case raises new questions about false designation of origin, trademark dilution, and how AI hallucinations could expose platforms to liability. Continue reading New York Times v. Perplexity AI: Copyright, Hallucinations, and Trademark Risk


A Very Patented Christmas: The Quirkiest Inventions for the Holiday Season (Featured)



Get into the holiday spirit with a look at some of the most unique Christmas patents ever filed. From Santa detectors to upside-down Christmas trees, Scott Hervey and Jamie Lincenberg explore festive inventions that add a little extra cheer to the season on this episode of The Briefing.

Continue reading A Very Patented Christmas: The Quirkiest Inventions for the Holiday Season (Featured)


Nudity Riders, Consent, and the Terrifier Lawsuit: What Producers Must Know



The Terrifier franchise is one of the most unlikely independent horror success stories of the last 25 years. But a new lawsuit challenges how the first film was made and raises serious questions about performer consent and on-set protections. In this episode of The Briefing, Weintraub Tobin partners Scott Hervey and Matt Sugarman break down actress Catherine Corcoran’s lawsuit against the film’s producers and what it reveals about SAG-AFTRA requirements for nudity and simulated sex scenes.
Continue reading Nudity Riders, Consent, and the Terrifier Lawsuit: What Producers Must Know


The Man In Black v. Coca Cola: The New Soundalike Showdown



Did Coca-Cola cross the line by using a Johnny Cash soundalike in its nationwide “Fan Work is Thirsty Work” campaign? In this episode of The Briefing, Weintraub Tobin attorneys Scott Hervey and Richard Buckley unpack the Cash estate’s lawsuit and what it reveals about the evolving law of soundalikes.

Continue reading The Man In Black v. Coca Cola: The New Soundalike Showdown


What Is Fair Use and Why Does It Matter? (Featured)



Creators, beware: just because it’s online doesn’t mean it’s fair game. In this episode of The Briefing, Scott Hervey and Richard Buckley break down one of the most misunderstood areas of copyright law—fair use.

Continue reading What Is Fair Use and Why Does It Matter? (Featured)


What Is Fair Use and Why Does It Matter?



Creators, beware: just because it’s online doesn’t mean it’s fair game. In this episode of The Briefing, Scott Hervey and Richard Buckley break down one of the most misunderstood areas of copyright law—fair use. Continue reading What Is Fair Use and Why Does It Matter?

Court Drowns Pepperdine’s ‘Waves’ Trademark Battle Against Netflix



On the latest episode of The Briefing, Weintraub attorneys Scott Hervey and Jessica Corpuz break down the court’s decision in Pepperdine’s trademark fight with Netflix over the name “Waves” in the new series Running Point. Tune in for insights on this case and how the Jack Daniel’s ruling is reshaping trademark law in entertainment.

Continue reading Court Drowns Pepperdine’s ‘Waves’ Trademark Battle Against Netflix


Copyright Troll or Rightful Enforcer? The Fifth Circuit’s Curious Ruling In Sports Doc Copyright Litigation



A motivational passage from Keith Bell’s book Winning Isn’t Normal sparks a legal battle after Ole Miss coach Lane Kiffin shares it on Twitter. Scott Hervey and Tara Sattler dive into the lawsuit, exploring how the Fifth Circuit’s ruling raises important questions about fair use, copyright enforcement, and Bell’s “serial litigant” status.

Watch this episode on the Weintraub YouTube channel.

Continue reading Copyright Troll or Rightful Enforcer? The Fifth Circuit’s Curious Ruling In Sports Doc Copyright Litigation


The Dark Side of Halloween – Unlicensed Costumes and the Legal Haunt



Halloween is here, but beware! That killer costume might come with a lawsuit instead of candy. Scott Hervey and Tara Sattler discuss the legal threats associated with unlicensed costumes on this spooky episode of The Briefing.

Watch this episode on the Weintraub YouTube channel.

 

Continue reading The Dark Side of Halloween – Unlicensed Costumes and the Legal Haunt


Filmmakers Express Concern Over Impending Death of ‘Biographical Anchor’ Fair Use Basis



Filmmakers Express Concern Over Impending Death of ‘Biographical Anchor’ Fair Use BasisUnraveling the threads of Fair Use and how recent legal rulings threaten documentary filmmakers.  Join Scott Hervey and Jamie Lincenberg as they dissect the Tenth Circuit’s Impact on filmmaking in this episode of ‘The Briefing.’ Get the full episode on the Weintraub YouTube channel here or listen to this podcast episode here. Continue reading Filmmakers Express Concern Over Impending Death of ‘Biographical Anchor’ Fair Use Basis