Episodes

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...

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...

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...

In this episode of The Briefing, Weintraub Tobin partners Scott Hervey and Richard D. Buckley, Jr. break down Moore v. Daily Mail, a new class action alleging the publication copied photos from social media without permission and falsely credited platforms like Instagram instead of the actual creators. In this episode, they cover: How copying and rehosting social media images can lead to copyright infringement claims Why crediting Instagram instead of the photographer could create a separate ...

When can a performer’s public criticism become a breach of contract? In this episode of The Briefing, Weintraub Tobin Shareholders Scott Hervey and Richard D. Buckley, Jr. break down Kennedy Center v. Redd, a dispute involving musician Charles Redd, a canceled performance, a morals clause, and D.C.’s Anti-SLAPP Act. In this episode, they cover: How D.C.’s Anti-SLAPP Act applied to Redd’s public statements Why the court dismissed the Kennedy Center’s breach of contract claims What the decisio...

In this episode of The Briefing, Weintraub Tobin partners Scott Hervey and Richard D. Buckley, Jr. break down the four main categories of intellectual property and explain why protecting these assets is critical to a company’s long-term value. They cover: How trademarks, patents, copyrights, and trade secrets protect different types of business assets Why ownership, registration, and written agreements matter before a dispute or transaction arises How businesses can audit and strengthen thei...

In this episode of The Briefing, Weintraub Tobin partners Scott Hervey and Tara Sattler discuss the legal rules governing talent representation and explain why the distinction between a manager and an unlicensed talent agent can have significant consequences for artists and their representatives. They cover: What constitutes “procurement” under California’s Talent Agencies Act Why a representative’s actual conduct matters more than the title in the agreement How Park v. Deftones and Marathon...

In this episode of The Briefing, Weintraub Tobin partners Scott Hervey and Richard D. Buckley, Jr. return to copyright fundamentals and explain how these rules affect creators, businesses, developers, filmmakers, and anyone commissioning creative work. They cover: What copyright protects and the requirements for originality and fixation Who owns commissioned work and why payment alone may not transfer copyright What rights copyright owners have and what happens when those rights are infringe...

In this episode of The Briefing, Weintraub Tobin partners Scott Hervey and Tara J. Sattler break down Cesari S.R.L. v. Peju Province Winery L.P., a long-running dispute involving the LIANO and LIANA wine marks. The Second Circuit vacated a judgment against Peju after finding that the earlier Trademark Trial and Appeal Board decision did not consider how the companies actually used their marks in the marketplace. In this episode, they cover: – The two-decade dispute over the LIANO and LIANA wi...

In this episode of The Briefing, Weintraub Tobin partners Scott Hervey and Tara J. Sattler break down the Supreme Court’s decision in Cox Communications v. Sony Music Entertainment, which reversed a $1 billion judgment against the internet service provider. They discuss: – Why knowledge that customers are infringing copyrights is not enough to establish contributory liability – How inducement and substantial lawful uses shape the liability analysis for technology providers – Why the decision...

In this episode of The Briefing, Weintraub Tobin partners Scott Hervey and Tara Sattler discuss what the law requires, which advertisements may be exempt, and how brands and agencies should approach compliance. They cover: When advertisers must conspicuously disclose the use of a synthetic performer How exemptions for expressive works, audio-only ads, and language translation may apply Practical steps brands and agencies should take, including AI audits, vendor agreements, and updated creati...

In this episode of The Briefing, Weintraub Tobin Partners Scott Hervey and Matt Sugarman discuss SAG-AFTRA’s new 2026 TV/Theatrical Agreement and the updated AI provisions shaping the future of entertainment production. In this episode, they cover: What the new agreement says about digital replicas and synthetic performers How consent, compensation, and notice requirements may affect actors and producers Why entertainment attorneys should pay close attention to AI language in performer contr...

In this episode of The Briefing, Weintraub Tobin partners Scott Hervey and Matt Sugarman revisit Lil’ Joe Records, Inc. v. Ross after the Eleventh Circuit reversed the district court’s ruling in favor of 2 Live Crew. The decision turns on a key bankruptcy issue: whether a copyright termination interest that was never scheduled in a Chapter 7 case remains property of the bankruptcy estate. In this episode, they cover: Why the Eleventh Circuit found Mark Ross’s termination interest remained in h...

In this episode of The Briefing, Weintraub Tobin partners Scott Hervey and Richard D. Buckley, Jr. break down Patagonia’s trademark lawsuit against drag performer and environmental activist Pattie Gonia. They discuss the trademark claims, the First Amendment defenses, and the broader question of whether filing the lawsuit was the right strategic move. They cover: Why Patagonia is challenging Pattie Gonia’s merchandise and trademark application How the Rogers test and First Amendment protectio...

In this episode of The Briefing, Weintraub Tobin partners Scott Hervey and Tara Sattler discuss the court’s ruling, where Brandy Melville’s trademark claims fell short, and whether a different trademark argument could have changed the outcome. They cover: Why the court treated the copied photos as a copyright issue, not a trademark issue What Brandy Melville needed to show to support its trademark claims How brands should think about protecting product images, marketing content, and visual i...

Pepperdine has used the “Waves” name for its athletic teams since 1937. Netflix’s Running Point also features a fictional basketball team called the Waves. In this episode of The Briefing, Weintraub Tobin Partners Scott Hervey and Tara Sattler break down Pepperdine’s trademark lawsuit against Netflix, the ruling on Netflix’s motion to dismiss, and what the decision says about the Rogers test after Jack Daniel’s v. VIP Products. They cover: Why Pepperdine challenged Netflix’s use of “Waves” H...

In this episode of The Briefing, Weintraub Tobin partners Scott Hervey and Jessica Marlow break down UMG Records v. Last Brand, the lawsuit targeting Quince’s alleged use of unlicensed music across social media marketing. In this episode, they cover: Why platform music libraries do not automatically clear commercial use How influencer briefs, reposts, and “trending audio” can create copyright risk What brands and creators should address in influencer agreements before content goes live For ...

Did the courts just preserve documentary filmmaking as we know it? In this episode of The Briefing, Weintraub Tobin Partner Scott Hervey and Associate Caroline M. Korpiel revisit the Tiger King fair use dispute and break down the Tenth Circuit’s new opinion in Whyte Monkee Productions v. Netflix. In this episode, they cover: Why the original ruling alarmed documentary filmmakers and copyright experts How the Tenth Circuit reconsidered fair use after Warhol v. Goldsmith What this decision mea...

What happens when your AI assistant can act for you, but the platform says no? In this episode of The Briefing, Scott Hervey and Richard D. Buckley, Jr. break down the high-stakes dispute between Amazon and Perplexity AI over AI agents accessing password-protected user accounts. In this episode, they cover: – What “agentic AI” means and how tools like Comet actually function – Why Amazon moved quickly for a preliminary injunction – How the CFAA and California law are being used to challenge ...

Can sending a cease-and-desist letter land you in court across the country? In this episode of The Briefing, Scott Herveyand Richard D. Buckley, Jr. break down a major Eleventh Circuit decision involving the Frida Kahlo brand and the risks tied to aggressive IP enforcement. In this episode, they cover: When cease-and-desist letters cross the line into tortious conduct How the corporate shield doctrine can fail when personal rights are asserted Why the “effects test” can pull IP owners into o...

Can a five word phrase be worth millions? In this episode of The Briefing, Weintraub Tobin partners Scott Hervey and Matt Sugarman break down the high stakes trademark dispute between Las Vegas performer Maren Flagg and Taylor Swift over the phrase “The Life of a Showgirl.” In this episode, they cover: – Whether a phrase can function as a protectable trademark or just a descriptive title – How the Rogers test applies to tour names and merchandise – What recent Supreme Court rulings mean for ...