The Briefing by Weintraub Tobin

The Briefing by Weintraub Tobin

In The Briefing by Weintraub Tobin, intellectual property attorney Scott Hervey and his guests discuss current IP issues related to trademark, copyright, and entertainment, as well as IP litigation and intellectual property in the news.

Copied, Generated and Forfeited! The AI Copyright Ruling in Doe v GitHub
The Briefing by Weintraub Tobin
Copied, Generated and Forfeited! The AI Copyright Ruling in Doe v GitHub

Recent Episodes

Oct. 9, 2026

Copied, Generated and Forfeited! The AI Copyright Ruling in Doe v GitHub

If AI generates something that looks like your work without crediting you, is that a DMCA violation? In this episode of The Briefing, Weintraub Tobin partners Scott Hervey and Tara Sattler break down Doe v. GitHub and the Ninth Circuit’s ruling on AI-generated code and copyright management information. In this episode, they cover: Why similar AI output doesn’t necessarily prove copyright information was removed Why the court left claims about stripping credits during AI training unresolved W
Oct. 2, 2026

Fake Actors, Real Rules: California Takes on AI Ads

The spokesperson looks real, but what if no human ever existed? In this episode of The Briefing, Weintraub Tobin partners Scott Hervey and Tara Sattler break down SB 1050, California’s new law requiring disclosures when ads prominently feature synthetic performers. In this episode, they cover: When an AI-generated performer triggers a disclosure requirement Which exemptions apply, and why a movie trailer and a product tie-in ad may be treated differently Who faces liability and how brands ca
Sept. 25, 2026

The Polymarket Influencer Scandal: Fake Bets, Real Liability

In this episode of The Briefing, Weintraub Tobin Partners Scott Hervey and Richard D. Buckley, Jr. break down the growing legal scrutiny around Polymarket, including allegations involving fabricated trading videos, undisclosed influencer payments, and coordinated reposting networks. In this episode, they cover: How undisclosed sponsorships and clipping networks raise FTC disclosure and consumer protection issues Why Polymarket’s prior CFTC consent order and new litigation could increase its l
Sept. 18, 2026

Did Yellowstone Steal Sovereign Nation? Breaking Down the Taylor Sheridan Copyright Fight

Did Yellowstone copy another television series, or are the similarities simply part of the modern Western genre? In this episode of The Briefing, Weintraub Tobin Partners Scott Hervey and Richard D. Buckley, Jr. break down Lauren Salkin’s copyright lawsuit against Taylor Sheridan and others over alleged similarities between Sovereign Nation and Yellowstone. In this episode, they cover: – The alleged similarities between Sovereign Nation and Yellowstone, from tribal sovereignty and land develop
Sept. 11, 2026

Lady Gaga “Mayhem” Trademark Win: Did the Court Get It Right?

The trademark fight over Lady Gaga’s Mayhem era is over. In this episode of The Briefing, Weintraub Tobin partners Scott Hervey and Tara J. Sattler break down the dismissal of Lost International’s lawsuit over the use of “Mayhem” on Gaga’s album, tour, and merchandise. They cover: Why the court dismissed Lost International’s complaint without leave to amend How the Rogers test applies when trademark claims collide with expressive works Why the ruling raises new questions after the Supreme Co
Sept. 4, 2026

Tyra Banks, Netflix and America’s Next Top Model: The Legal Fight Over Documentary Editing

Tyra Banks is suing Netflix over how her interview was edited in the documentary Reality Check: Inside America’s Next Top Model. In this episode of The Briefing, Weintraub Tobin partners Scott Hervey and Tara J. Sattler break down Banks’ defamation and false light claims, the release she signed before filming, and Netflix’s attempt to end the case under California’s anti-SLAPP law. In this episode, they cover: Why the release Banks signed could pose a major obstacle to her claims How Californ