The Briefing by Weintraub Tobin

Does using copyrighted content to train AI make it fair use? In this episode of The Briefing, Weintraub Tobin partners Scott Hervey and Tara Sattler break down Thomson Reuters v. Ross Intelligence, the copyright dispute over Westlaw headnotes used to train a competing legal research tool. In this episode, they cover: Why Westlaw’s headnotes qualify for copyright protection How direct competition and market harm shaped the fair use analysis What the ruling means for content owners and AI deve

Can a brand stop a creator from making fun of it? In this episode of The Briefing, Weintraub Tobin partners Scott Hervey and Richard D. Buckley, Jr. break down the lawsuit over Baseball Doesn’t Exist’s video mocking Cooperstown Dreams Park and why a federal judge dismissed the copyright and federal trademark claims. They explore: Why the video’s use of the park’s logo and promotional footage qualified as fair use How the Rogers test protected the creator’s trademark use after Jack Daniel’s W

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

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

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

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