The Briefing by Weintraub Tobin

By Weintraub TobinTV & Film Business News Entertainment News

The Briefing by Weintraub Tobin episodes

October 30An Answer, Not the Answer: What ROSS Settles and Unsettles About AI Training
Does using copyrighted content to train AI make it fair use? In this episode of The Briefing, Weintraub Tobin partners Scott Hervey and Tara Sattler break down Thomson Reuters v. Ross Intelligence, the copyright dispute over Westlaw headnotes used to train a competing legal research tool.
In this episode, they cover:
Why Westlaw’s headnotes qualify for copyright protection
How direct competition and market harm shaped the fair use analysis
What the ruling means for content owners and AI developers, and why generative AI remains a separate question
Tune in for a clear look at where AI training meets copyright protection and the limits of fair use.
21 min
October 16Cooperstown Strikes Out: Parody, Fair Use & Trademark Law
Can a brand stop a creator from making fun of it? In this episode of The Briefing, Weintraub Tobin partners Scott Hervey and Richard D. Buckley, Jr. break down the lawsuit over Baseball Doesn’t Exist’s video mocking Cooperstown Dreams Park and why a federal judge dismissed the copyright and federal trademark claims.
They explore:
Why the video’s use of the park’s logo and promotional footage qualified as fair use
How the Rogers test protected the creator’s trademark use after Jack Daniel’s
What creators and brand owners should consider when criticism turns into litigation
Tune in for a clear look at where brand protection meets the right to parody.
Watch this episode on our YouTube or listen to the podcast here.
16 min
October 09Copied, Generated and Forfeited! The AI Copyright Ruling in Doe v GitHub
If AI generates something that looks like your work without crediting you, is that a DMCA violation? In this episode of The Briefing, Weintraub Tobin partners Scott Hervey and Tara Sattler break down Doe v. GitHub and the Ninth Circuit’s ruling on AI-generated code and copyright management information.
In this episode, they cover:
Why similar AI output doesn’t necessarily prove copyright information was removed
Why the court left claims about stripping credits during AI training unresolved
What the ruling could mean for developers, musicians, writers, and other creators
Tune in for a clear look at where AI-generated content meets the legal limits of copyright attribution.
20 min
October 02Fake Actors, Real Rules: California Takes on AI Ads
The spokesperson looks real, but what if no human ever existed? In this episode of The Briefing, Weintraub Tobin partners Scott Hervey and Tara Sattler break down SB 1050, California’s new law requiring disclosures when ads prominently feature synthetic performers.
In this episode, they cover:
When an AI-generated performer triggers a disclosure requirement
Which exemptions apply, and why a movie trailer and a product tie-in ad may be treated differently
Who faces liability and how brands can prepare their advertising workflows
Tune in for a clear look at where AI-generated advertising meets real-world legal responsibility.
17 min
September 25The Polymarket Influencer Scandal: Fake Bets, Real Liability
In this episode of The Briefing, Weintraub Tobin Partners Scott Hervey and Richard D. Buckley, Jr. break down the growing legal scrutiny around Polymarket, including allegations involving fabricated trading videos, undisclosed influencer payments, and coordinated reposting networks.
In this episode, they cover:
How undisclosed sponsorships and clipping networks raise FTC disclosure and consumer protection issues
Why Polymarket’s prior CFTC consent order and new litigation could increase its legal exposure
What the case could mean for creators, brands, and the broader debate over whether prediction markets are commodities or gambling
Tune in for a clear look at where influencer marketing, consumer protection law, and prediction market regulation collide.
19 min
September 18 Did Yellowstone Steal Sovereign Nation? Breaking Down the Taylor Sheridan Copyright Fight
Did Yellowstone copy another television series, or are the similarities simply part of the modern Western genre? In this episode of The Briefing, Weintraub Tobin Partners Scott Hervey and Richard D. Buckley, Jr. break down Lauren Salkin’s copyright lawsuit against Taylor Sheridan and others over alleged similarities between Sovereign Nation and Yellowstone.
In this episode, they cover:
– The alleged similarities between Sovereign Nation and Yellowstone, from tribal sovereignty and land development to characters and key scenes
– How the Ninth Circuit’s extrinsic test filters out ideas, facts, stock characters, and scènes à faire when evaluating copyright infringement
– Whether the specific selection, arrangement, and sequencing of otherwise unprotectable elements could be enough to support Salkin’s claim
Tune in for a clear look at where television similarities stop and protectable copyright expression begin
39 min
September 11Lady Gaga “Mayhem” Trademark Win: Did the Court Get It Right?
The trademark fight over Lady Gaga’s Mayhem era is over. In this episode of The Briefing, Weintraub Tobin partners Scott Hervey and Tara J. Sattler break down the dismissal of Lost International’s lawsuit over the use of “Mayhem” on Gaga’s album, tour, and merchandise.
They cover:
Why the court dismissed Lost International’s complaint without leave to amend
How the Rogers test applies when trademark claims collide with expressive works
Why the ruling raises new questions after the Supreme Court’s decision in Jack Daniel’s v. VIP Products
Tune in for a clear look at where trademark rights, creative expression, and branded merchandise collide.
19 min
September 04Tyra Banks, Netflix and America’s Next Top Model: The Legal Fight Over Documentary Editing
Tyra Banks is suing Netflix over how her interview was edited in the documentary Reality Check: Inside America’s Next Top Model. In this episode of The Briefing, Weintraub Tobin partners Scott Hervey and Tara J. Sattler break down Banks’ defamation and false light claims, the release she signed before filming, and Netflix’s attempt to end the case under California’s anti-SLAPP law.
In this episode, they cover:
Why the release Banks signed could pose a major obstacle to her claims
How California’s anti-SLAPP law allows defendants to challenge certain lawsuits before discovery
What production companies should consider when drafting editing rights, choice-of-law provisions, and promotional-use language
Tune in for a clear look at how participant releases and anti-SLAPP laws can shape disputes over documentary editing and portrayal.
15 min
August 28Who Owns the Photo? Moore v. Daily Mail and the Limits of Copyright
In this episode of The Briefing, Weintraub Tobin partners Scott Hervey and Richard D. Buckley, Jr. break down Moore v. Daily Mail, a new class action alleging the publication copied photos from social media without permission and falsely credited platforms like Instagram instead of the actual creators.
In this episode, they cover:
How copying and rehosting social media images can lead to copyright infringement claims
Why crediting Instagram instead of the photographer could create a separate DMCA claim
How the case could turn a repeated image-sourcing practice into significant class action exposure
Tune in for a clear look at how social media sourcing practices can turn into serious copyright and DMCA exposure.
Watch this episode on our YouTube or listen to the podcast here.
17 min
August 21Kennedy Center v. Redd: How a Canceled Jazz Concert Became a Free Speech Fight
When can a performer’s public criticism become a breach of contract? In this episode of The Briefing, Weintraub Tobin Shareholders Scott Hervey and Richard D. Buckley, Jr. break down Kennedy Center v. Redd, a dispute involving musician Charles Redd, a canceled performance, a morals clause, and D.C.’s Anti-SLAPP Act.
In this episode, they cover:
How D.C.’s Anti-SLAPP Act applied to Redd’s public statements
Why the court dismissed the Kennedy Center’s breach of contract claims
What the decision means for venues, studios, and producers relying on morals clauses in performer agreements
Tune in for a clear look at what happens when contractual morals clauses collide with legal protections for public speech.
25 min

About The Briefing by Weintraub Tobin

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In The Briefing by Weintraub Tobin, intellectual property attorney Scott Hervey and his guests discuss current IP issues related to trademark, copyright, and entertainment, as well as IP litigation…