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In the case of Sydney Nicole vs. Alyssa Sheil, a federal district judge ruled that certain vibes and aesthetics can be protected under copyright law. Weintraub attorneys Scott Hervey and Tara Sattler break down this decision and what it means for content creators and brands in the digital age on this episode of The Briefing.
Watch this episode on the Weintraub YouTube channel here.
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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.
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As TikTok’s future in the US hangs in the balance, influencers and brands are left wondering how a potential ban could impact their posting contracts. In this episode of The Briefing, Scott Hervey and Jamie Lincenberg dive into the potential legal challenges and share insights on how brands can stay ahead of the curve in this ever-changing landscape.
Watch this episode on the Weintraub YouTube channel.
Continue reading Creator Contract Liability When Your Platform Disappears: The TikTok Ban
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Kick off 2025 by reviewing your company’s IP assets! Whether you’re new to IP protection or a seasoned pro, it’s crucial to keep track of your valuable intellectual property. Scott Hervey & Tara Sattler break down key steps in safeguarding your trademarks, copyrights, and patents on this episode of The Briefing.
Watch this episode on the Weintraub YouTube channel.
Continue reading 2025 IP Resolutions Start With a Review of IP Assets
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The Ninth Circuit recently upheld a ruling allowing a class action against NeoCortex, the creators of the Reface app, over the unauthorized use of content creator Kyland Young’s likeness. This case highlights the growing tension between AI innovation and individual rights. Scott Hervey and Jamie Lincenber discuss the lawsuit and what it means for AI companies using digital likenesses on this installment of The Briefing.
Watch this episode on the Weintraub YouTube channel here.
Continue reading About Face: Courts Weigh AI Face-Swapping Technology and Celebrity Rights
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While influencer marketing has become popular in the creator space, it doesn’t come without risks. From IP infringement to FTC compliance, Scott Hervey and Jessica Marlow discuss the key issues surrounding brand endorsement deals in this archive two-part episode of The Briefing.
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Continue reading Navigating the Legal Risks for Brands in Social Media Marketing – Part 1 (Archive)
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This Thanksgiving, we’re diving into the world of intellectual property and recipes. Can chefs own their culinary creations? Can a recipe be copyrighted? From Turducken trademarks to creative cookbooks, we’re discussing the legal side of your favorite holiday dishes. Tune in to The Briefing’s milestone 200th episode with Scott Hervey and Tara Sattler for all the tasty legal details.
Watch this episode on the Weintraub YouTube channel here.
Continue reading Turkey, Trademarks, Copyright, and Cranberry Sauce – IP and Recipes
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Did Netflix push the boundaries of “based on a true story”? Scott Hervey and Jamie Lincenberg discuss Harvey v. Netflix, the risks of docudramas, and explain how truth and fiction collide in this high-stakes lawsuit on this episode of The Briefing.
Watch this episode on the Weintraub YouTube channel.
Cases discussed:
Continue reading The Briefing: Based on a (NOT) True Story – The Baby Reindeer Defamation Case
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Graffiti artists Nekst and Bates have filed a lawsuit against Guess and Macy’s for incorporating their tags in various articles of clothing. Scott Hervey and James Kachmar discuss this case in the next installment of “The Briefing.”
Watch this episode on the Weintraub YouTube channel here.
Continue reading Tag, You’re Sued: Graffiti Artists Sue Over Use of Their Tags
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Brandy Melville has asked the Supreme Court to review the 9th Circuit’s decision in its dispute with Redbubble. Scott Hervey and Jamie Lincenberg discuss this case on this episode of The Briefing.
Watch this episode on the Weintraub YouTube channel here.
Continue reading Brandy Melville v Redbubble: Navigating Contributory Infringement