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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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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:
Continue reading The Wrong Argument – Why Authors Lost Against Meta and What Comes Next
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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.
Continue reading Sinking the Rogers Test? What Pepperdine’s Lawsuit Could Mean for Hollywood
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If your company relies on online reviews, influencer partnerships, or digital marketing strategies, it’s important to be aware of FTC Rules and the distinctions between real reviews and paid ads. Scott Hervey and Jessica Marlow discuss the dos and don’ts of consumer reviews on this featured episode of The Briefing.
Watch this episode on the Weintraub YouTube channel.
Continue reading Fake Reviews, Real Consequences: Consumer Review Dos and Don’ts (Featured)
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Warner Music Group just sued DSW for using 200+ hit songs in social media ads—without permission. Those TikToks could now cost $30M. On this episode of The Briefing, entertainment and IP attorneys Scott Hervey and Tara Sattler break down the legal firestorm and what every brand needs to know before hitting “post.”
Watch this episode on the Weintraub YouTube channel.
Continue reading When a TikTok Costs You $150,000 – Copyright Pitfalls in Influencer Marketing
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A class action lawsuit has been filed against ALO Yoga and several influencers for failing to disclose that various social media campaigns were actually paid ads. Weintraub attorneys Scott Hervey and Tara Sattler break down this lawsuit and what brands should do to avoid costly FTC violations like this in the future.
Watch this episode on the Weintraub YouTube channel.
Scott previously discussed the risks of social media marketing and FTC compliance in a two-part series with IP attorney Jessica Marlow. Tune in to episode one and episode two now.
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Lady Gaga’s “Mayhem” tour has sparked legal trouble. In this episode of The Briefing, Scott Hervey and James Kachmar analyze a trademark infringement lawsuit filed by surf brand, Lost International, which claims Gaga’s use of “Mayhem” on merchandise violates their long-standing rights. The discussion explores the strength of Lost’s trademark, the likelihood of consumer confusion, and key legal takeaways for brands navigating crowded trademark landscapes.
Watch this episode on the Weintraub YouTube channel.
Continue reading Trademark Mayhem – Lady Gaga Gets Sued for Trademark Infringement
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Is traditional Hollywood facing an existential crisis? Deloitte’s 2025 Digital Media Trends report reveals a massive shift in how Gen Z and millennials consume content. Scott Hervey and Tara Sattler break down the data and explore what this means for studios, creators, and the future of storytelling on this episode of The Briefing.
Watch this episode on the Weintraub YouTube channel.
Continue reading The Future of TV? A 2025 Digital Media Trends Analysis
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Can HBO be sued over a T-shirt? Scott Hervey and Tara Sattler unpack Duke University’s beef with ‘White Lotus’ after a character wore a Duke tee on screen. Does this cross the legal line—or is it just creative expression? They’re talking trademark, the Rogers test, and what it all means for studios on this episode of The Briefing.
Watch this episode on the Weintraub YouTube channel.
Continue reading Everyone Loves the HBO Series ‘White Lotus,’ Except Duke University
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Is ‘The Pit’ a spinoff, sequel, or something else entirely? Scott Hervey and Tara Sattler break down the lawsuit over ‘ER’ and whether ‘The Pit’ crosses the legal line into derivative territory on this episode of The Briefing.
Watch this episode on the Weintraub YouTube channel.
Continue reading Sequel, Spin-Off, or Something Else? The Legal Battle Over “ER” and “The Pitt”