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The Briefing: Lil’ Joe Records v. 2 Live Crew: Bankruptcy and Copyright Termination 11th Circuit

By Scott Hervey & Matthew N. Sugarman on June 26, 2026
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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 his bankruptcy estate
  • How that changed the Section 203 majority vote needed to reclaim the copyrights
  • What the ruling means for artists, estates, catalog owners, and attorneys handling termination notices

The ruling changes the vote count under Section 203 and raises new due diligence questions for catalog reclamation projects. Tune in for a clear look at where copyright termination rights meet bankruptcy law.

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:
    Bankruptcy, Intellectual Property
  • Blog:
    The IP Law Blog
  • Organization:
    Weintraub Tobin
  • Article: View Original Source

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