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The Briefing: Documentary Fair Use After Warhol: The Tenth Circuit Gets It Right

By Scott Hervey on May 15, 2026
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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 means for documentaries, biographical storytelling, and “biographical anchor” fair use

Whether you’re a filmmaker, producer, content creator, or IP professional, this episode offers important insight into the future of fair use in documentary storytelling.

Watch this episode on our YouTube or listen to the podcast 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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  • Posted in:
    Intellectual Property
  • Blog:
    The IP Law Blog
  • Organization:
    Weintraub Tobin
  • Article: View Original Source

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