Creators, beware: just because it’s online doesn’t mean it’s fair game. In this episode of The Briefing, Scott Hervey and Richard Buckley break down one of the most misunderstood areas of copyright law—fair use.
The IP Law Blog
The IP Law Blog, published by Weintraub Tobin, focuses on intellectual property law topics including copyright, trademark, patent prosecution, licensing, and litigation. It covers legal issues related to entertainment and media, such as performer consent, soundalike disputes, and fair use. The blog also addresses the intersection of IP law with advertising, branding, and emerging technologies like AI. It provides insights into legal challenges faced by creators, producers, and brands, highlighting relevant case law and regulatory developments. The content is aimed at legal professionals, businesses, and individuals interested in the practical application of intellectual property law.
Latest from The IP Law Blog - Page 9
The Briefing: The Wrong Argument – Why Authors Lost Against Meta and What Comes Next
In a major win for Meta, a federal court recently dismissed a lawsuit brought by prominent authors who claimed their books were illegally used to train the company’s Llama models. But the ruling doesn’t give AI companies a free pass—it…
The Briefing: The Wrong Argument – Why Authors Lost Against Meta and What Comes Next
In a major win for Meta, a federal court recently dismissed a lawsuit brought by prominent authors who claimed their books were illegally used to train the company’s Llama models. But the ruling doesn’t give AI companies a free…
The Briefing: Anthropic, Copyright, and the Fair Use Divide
By Scott Hervey & Tara Sattler
A federal judge has ruled that training Claude AI on copyrighted books—even without a license—was transformative and protected under fair use. But storing millions of pirated books in a permanent internal library? That crossed the line.…
The Briefing: The Supreme Court Dodges the Discovery Rule Question—What That Means for Copyright Enforcement
By Scott Hervey & Tara Sattler
The Supreme Court sidestepped a major copyright showdown—again. What does it mean when infringement claims surface decades later? In this episode of The Briefing, Scott Hervey and Tara Sattler break down the latest in the discovery rule debate, RAD…
The Briefing: Who Owns WallStreetBets? Trademark Use in Commerce and the Reddit Battle
By Scott Hervey & Tara Sattler
Who really owns WallStreetBets? The man who created the subreddit, or the platform that hosted it?
In this episode of The Briefing, Scott Hervey and Tara Sattler dive into the trademark showdown between Jaime Rogozinski and Reddit, and why…
The Briefing: Sinking the Rogers Test? What Pepperdine’s Lawsuit Could Mean for Hollywood
In this episode of The Briefing, Scott Hervey and Richard Buckley dive into Pepperdine University v. Netflix, a trademark showdown over the use of the name “Waves” in the Netflix series Running Point. After Pepperdine’s attempt to block the…
The Briefing: The Ninth Circuit Puts the Brakes on Eleanor’s Copyright Claim
Can a car be a copyrightable character? In Carroll Shelby Licensing v. Halicki, the Ninth Circuit said no — ruling that “Eleanor,” the iconic Mustang from ‘Gone in 60 Seconds,’ lacks the distinctiveness and consistency required for copyright protection.…
The Briefing: Fake Reviews, Real Consequences – Consumer Review Dos and Don’ts (Featured)
If your company relies on online reviews, influencer partnerships, or digital marketing strategies, it’s important to be aware of FTC Rules and the distinctions between real reviews and paid ads. Scott Hervey and Jessica Marlow discuss the dos and don’ts…
The Briefing: Fake Reviews, Real Consequences – Consumer Review Dos and Don’ts (Featured)
If your company relies on online reviews, influencer partnerships, or digital marketing strategies, it’s important to be aware of FTC Rules and the distinctions between real reviews and paid ads. Scott Hervey and Jessica Marlow discuss the dos and…