Tag Archives: Fair Use

Tattoos, Videogames, and Lawsuits: Who Owns the Copyright on Athletic Ink?



Cover Image reading, The Briefing, Tattoos in The NBAIn this week’s episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss lawsuits over identifiable tattoos on professional athletes featured in video games, and who owns the copyright to body art.

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

Cases discussed:

Solid Oak Sketches, LLC v. 2K Games, Inc.

Alexander v. Take-Two Interactive Software, Inc.

Bill Graham Archives v. Dorling Kindersley, Ltd.

Darabont v. AMC Network Entm’t, LLC


Dr. Seuss Sets Photon Torpedoes on Star Trek Mashup in 9th Circuit Appeal (Part Two, Trademark)



Image of a light bulb with the words, The Briefing by the IP Law blog, followed by this episode's title. Dr Seuss Sets Photon Torpedoes on Star Trek Mashup in 9th Circuit Appeal

In this week’s episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss the Ninth Circuit Ruling on the trademark aspects of Dr. Seuss “mashups.”

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

To listen to part-one of this two-part series, click here.

Cases discussed:

Dr. Seuss Enterprises v. Penguin Books USA

Dr. Seuss Enterprises v. Comic Mix LLC

Mattel Inc. v. MCA Records Inc.

VIP Products LLC v. Jack Daniels Properties Inc.


Dr. Seuss Sets Photon Torpedoes on Star Trek Mashup in 9th Circuit Appeal (Part One, Copyright)



Graphic title of episode Dr. Seuss sets photon torpedoes on Star Trek MashupIn this week’s episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss the Ninth Circuit Ruling on the copyright aspects of Dr. Seuss “Mashups.”

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

 

Cases discussed:

Dr. Seuss Enterprises v. Penguin Books USA

Dr. Seuss Enterprises v. Comic Mix LLC


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


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.