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The Briefing: UMG v. Quince: When Trending Audio Becomes Copyright Infringement

By Scott Hervey & Jessica Marlow on May 22, 2026
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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 brands, agencies, and influencer marketing teams, this case is a reminder that viral content still needs to be legally cleared. Tune in for a clear look at where music licensing meets influencer marketing, brand control, and copyright liability.

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.

Read more about Scott HerveyEmailScott's Linkedin ProfileScott's Twitter Profile
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Photo of Jessica Marlow Jessica Marlow

Jessica Marlow is a Shareholder in the Firm’s Entertainment practice group.  Jessica has extensive experience representing actors, writers, directors, producers, social media influencers, and international financiers connected with film, television, digital media, and endorsement transactions.

Read more about Jessica MarlowEmailJessica's Linkedin Profile
  • Posted in:
    Technology and AI
  • Blog:
    The IP Law Blog
  • Organization:
    Weintraub Tobin
  • Article: View Original Source

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