Tag Archives: Fair Use

Is Warhol Bad for Documentarians?



There is some concern that the Supreme Court’s decision in Andy Warhol Foundation v. Goldsmith will harm the documentary filmmaking community. Scott Hervey and Tara Sattler discuss the implications of this case on this episode of The Briefing.

Watch this episode on the Weintraub YouTube channel here.

Continue reading Is Warhol Bad for Documentarians?


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.


This Could Change Paparazzi Mood Forever – Update on the Ratajkowski / Paparazzi Copyright Lawsuit



In this episode of the Briefing from the IP Law Blog, Scott Hervey and Josh Escovedo provide an update on a copyright lawsuit against model Emily Ratajkowski, for sharing images taken of her by paparazzi on her social media accounts.

Watch this episode on the Weintraub YouTube channel, here.


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



In 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.

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


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



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.

Listen to part one of this topic here.

Watch the video version of part one here.

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


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



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 copyright aspects of Dr. Seuss “Mashups.”

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

Listen to part two of this topic here.

Watch part two of this topic 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 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)



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.