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The Briefing: Tyrrell Winston v. NBA – When Artistic Style Becomes Copyright

By Scott Hervey & Richard Buckley on November 7, 2025
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When artistic identity meets corporate branding, where does copyright law draw the line?

In a new episode of The Briefing, Scott Hervey and Richard Buckley discuss the lawsuit filed by artist Tyrrell Winston against the New Orleans Pelicans.

Winston—whose distinctive sculptures of deflated basketballs arranged in grids have been exhibited worldwide and licensed by brands like Nike, Adidas, and even NBA teams—claims the Pelicans copied his signature style in a social media campaign.

His lawsuit raises a major question for artists, brands, and IP lawyers alike: Can a distinctive artistic style be protected under copyright law?

The conversation compares Winston’s claim to the “vibe copyright” case (Sydney Nicole v. Alyssa Sheil) and examines whether courts are expanding protection from expression into concepts and aesthetics.

Watch this episode on YouTube or listen to this podcast episode here.

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Photo of Scott Hervey Scott Hervey

Scott Hervey is a corporate and intellectual property attorney at Weintraub Tobin who works with companies in a variety of different industries. His clients include wineries, restaurants, technology companies, and entertainment/new media ventures. Scott has led his clients through hundreds of matters involving…

Scott Hervey is a corporate and intellectual property attorney at Weintraub Tobin who works with companies in a variety of different industries. His clients include wineries, restaurants, technology companies, and entertainment/new media ventures. Scott has led his clients through hundreds of matters involving complex acquisitions, licensing, financings, and other transactions. He also assists clients in protecting their valuable brands through trademark infringement litigation, domain name infringement arbitration, and proceedings before the United States Patent and Trademark Office and Trademark Trial and Appeals Board. He discusses IP Law topics on the weekly video series The Briefing.

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Photo of Richard Buckley Richard Buckley

Richard Buckley is a shareholder in the Firm’s Litigation practice group. In his 25-plus-years as a litigator, Richard has served as lead counsel in hundreds of matters and has served a wide variety of clients, including professional sports arenas and teams, automotive dealerships…

Richard Buckley is a shareholder in the Firm’s Litigation practice group. In his 25-plus-years as a litigator, Richard has served as lead counsel in hundreds of matters and has served a wide variety of clients, including professional sports arenas and teams, automotive dealerships, commercial real estate landlords and tenants, event marketers, manufacturers, a market research firm, entertainers and real estate developers.

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  • Posted in:
    Intellectual Property
  • Blog:
    The IP Law Blog
  • Organization:
    Weintraub Tobin
  • Article: View Original Source

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