Tag Archives: TheBriefingPodcast

Protecting Fictional Characters: Copyright and Trademark Strategies



Can a car, a superhero, or even a cartoon sidekick be protected by copyright? In this episode of The Briefing, Scott Hervey and Matt Sugarman break down how fictional characters earn legal protection — and when they don’t.
 
From DC Comics v. Towle (the “Batmobile” case) to Carroll Shelby Licensing v. Halicki (the “Eleanor” case), Scott and Matt explore the three-part test for character copyrightability, how trademark rights can extend protection, and what creators and studios can do to safeguard their most valuable IP assets.

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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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George Santos vs. Jimmy Kimmel: Why the 2nd Circuit Sided with Comedy



Former Congressman George Santos sued Jimmy Kimmel after the late-night host used Cameo videos in a comedy segment called “Will Santos Say It?” Santos claimed copyright infringement and fraud, but both the District Court and the Second Circuit said Kimmel’s use was fair use. In this episode of The Briefing, Scott Hervey and Tara Sattler break down:
 
● How Kimmel obtained the videos using fake Cameo accounts
 
● Why the District Court dismissed Santos’s case
 
● How the Second Circuit reinforced that criticism and satire are protected under fair use
 
● Why Santos’s contract and fraud claims also failed
Watch this episode on YouTube.

Anthropic Settles AI Training Case for $1.5 Billion +



The Anthropic settlement shows just how costly copyright missteps can be in AI development. Anthropic has agreed to a $1.5B settlement after a court found that keeping a permanent library of pirated books was not fair use—even though training its AI model on those same works was.
 
On this episode of The Briefing, Weintraub attorneys Scott Hervey and Matt Sugarman discuss the ruling, the settlement, and what it means for future copyright claims against AI companies.

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Is the Bored Ape Yacht Club Trademark Claim Just Monkey Business?



The Yuga Labs v. Ryder Ripps case is shaking up NFTs and trademarks. In this episode of The Briefing, Weintraub attorneys Scott Hervey and Tara Sattler unpack the Ninth Circuit’s ruling on whether NFTs count as “goods,” why the First Amendment defense fell flat, and what it all means for the future of digital asset law.

Watch this episode on YouTube.

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