Tag Archives: Law Podcast

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.

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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.
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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.

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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.

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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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The Doctrine of Foreign Equivalents: What It Means for Your Brand



You came up with a clever brand name in a foreign language—great! But did you know it might be refused by the USPTO? In this episode of The Briefing, Scott Hervey and Richard Buckley break down what a doctrine is, how trademark examiners apply it, and other important considerations for choosing foreign-language marks.

Watch this episode on YouTube.

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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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Trademark Basics – Protecting Names, Logos, and Brands in Entertainment



From podcast names to iconic sounds, trademarks shape the entertainment world. In this episode of The Briefing, Scott Hervey and Richard Buckley break down what trademarks are, how to get one, and why creators must protect their brand. A must-listen for anyone building a name in entertainment.
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?