Tag Archives: IP Law

Studios Beware: The Danger of the Beauty and the Beast Copyright Decision



Disney faced a copyright lawsuit over the use of MOVA facial-capture software in Beauty and the Beast. A jury found Disney vicariously liable, the district court threw out the verdict, but the Ninth Circuit has now reinstated it. In this episode of The Briefing, Scott Hervey and Tara Sattler discuss:

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Neil Young vs. Chrome Hearts: When Rock Meets Runway in Court



Neil Young vs. Chrome Hearts: When Rock Meets Runway in CourtNeil Young vs. Chrome Hearts — What happens when a rock legend collides with a luxury fashion powerhouse? Chrome Hearts has filed suit against Neil Young, claiming his new band “Neil Young and the Chrome Hearts” infringes on their famous trademark

 
On this episode of The Briefing, Weintraub attorneys Scott Hervey and James Kachmar unpack the lawsuit, analyze the likelihood of confusion, and compare it to the Lady Gaga “Mayhem” case. Plus, they share practical takeaways for musicians to avoid trademark trouble.

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Publicity Rights and the Law – Using Real People in Your Work



Can you use a celebrity’s voice or image in your work? What about AI-generated versions? On this episode of The Briefing, Scott Hervey and Richard Buckley explore the right of publicity—how it protects names, likenesses, voices, and what happens when you cross the line.

Watch this episode on YouTube.

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Who Owns What – Understanding Copyright in Collaborative Projects



Who owns the rights when you co-create something? It’s not always as simple as you think. On this episode of The Briefing, Scott Hervey and Richard Buckley dig into:
✔️ Joint authorship
✔️ Work-for-hire rules
✔️ Why every collaboration needs paperwork
 
Avoid disputes before they derail your project. Watch this episode on YouTube.

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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?

The Wrong Argument – Why Authors Lost Against Meta and What Comes Next



In a major win for Meta, a federal court recently dismissed a lawsuit brought by prominent authors who claimed their books were illegally used to train the company’s LLaMA models. But the ruling doesn’t give AI companies a free pass—it reveals the roadmap for how a better-prepared copyright plaintiff could win next time.

In this episode of The Briefing, Scott Hervey is joined by his partner Matt Sugarman as they break down:

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Anthropic, Copyright, and the Fair Use Divide



A federal judge has ruled that training Claude AI on copyrighted books—even without a license—was transformative and protected under fair use. But storing millions of pirated books in a permanent internal library? That crossed the line. In this episode of The Briefing, Scott Hervey and Tara Sattler break down this nuanced opinion and what this ruling means for AI developers and copyright owners going forward. Watch this episode on YouTube. Continue reading Anthropic, Copyright, and the Fair Use Divide

The Supreme Court Dodges the Discovery Rule Question—What That Means for Copyright Enforcement



The Supreme Court sidestepped a major copyright showdown—again. What does it mean when infringement claims surface decades later? In this episode of The Briefing, Scott Hervey and Tara Sattler break down the latest in the discovery rule debate, RAD Design’s rejected petition, and how this uncertainty affects creators, businesses, and copyright holders across the country.

Watch this episode on YouTube.

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Who Owns WallStreetBets? Trademark Use in Commerce and the Reddit Battle



Who really owns WallStreetBets? The man who created the subreddit, or the platform that hosted it?

In this episode of The Briefing, Scott Hervey and Tara Sattler dive into the trademark showdown between Jaime Rogozinski and Reddit, and why both the District Court and the Ninth Circuit said no to Rogozinski’s claim of trademark ownership.

This case is a cautionary tale for creators and entrepreneurs about what really counts as “use in commerce” under trademark law. Just coining a catchy name or launching a community isn’t enough. If you’re not the one offering goods or services under the brand, you don’t own the trademark. Watch this episode here. Continue reading Who Owns WallStreetBets? Trademark Use in Commerce and the Reddit Battle


Sinking the Rogers Test? What Pepperdine’s Lawsuit Could Mean for Hollywood



In this episode of The Briefing, Scott Hervey and Richard Buckley dive into Pepperdine University v. Netflix, a trademark showdown over the use of the name “Waves” in the Netflix series Running Point. After Pepperdine’s attempt to block the series’ release was denied under the Rogers test, the university is back—this time arguing that the Jack Daniel’s Supreme Court decision changes everything.

Watch this episode on the Weintraub YouTube channel.

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