The Briefing by Weintraub Tobin

By Weintraub TobinTV & Film Business News Entertainment News

The Briefing by Weintraub Tobin episodes

March 13No Paper, No Standing: Kanye West, Copyright Transfers, and the Writing Requirement
What happens when artists agree to transfer rights to a musical composition but never put that transfer in writing? In this episode of The Briefing, Weintraub Tobin partners Scott Hervey and Jessica R. Corpuz break down a federal court decision arising from a copyright dispute tied to Ye’s Donda album. The case turned on a simple but unforgiving rule of copyright law: without a written assignment, you do not own the copyright and you cannot enforce it.
In this episode, they cover:
Why Section 204(a) of the Copyright Act requires copyright transfers to be in writing
The legal difference between composition copyrights and sound recording copyrights
How the lack of a written assignment wiped out most of the plaintiff’s infringement claims
Tune in for a clear reminder that in copyright law, if it is not in writing, it may as well not exist.
11 min
February 28Vetter v. Resnik: When Copyright Termination Goes Global
What happens when an artist terminates a decades-old copyright grant under U.S. law, but the work is still being exploited around the world? In this episode of The Briefing, Weintraub Tobin Partners Scott Hervey and Matt Sugarman break down the Fifth Circuit’s decision in Vetter v. Resnik and what it means for worldwide copyright grants. In this episode, they discuss:
Whether termination under 17 U.S.C. § 304(c) can recapture foreign exploitation rights
Why the Fifth Circuit parted ways with California cases like Siegel v. Warner Bros.
The difference between ownership disputes and extraterritorial infringement claims
How this ruling impacts publishers, studios, catalog buyers, and global licensing strategies
If termination can unwind a worldwide grant, the leverage shift for authors and heirs could be significant.
Tune in for a clear look at how copyright termination.
19 min
February 28Skechers, TikTok, and Khaby Lame: Is Barrett Wissman Potentially Liable?
Can an arbitration provider force someone into arbitration who never signed the contract? In this episode of The Briefing, Weintraub Tobin partners Scott Hervey and Richard D. Buckley, Jr. break down the high-profile dispute involving Skechers, global influencer Khaby Lame, his management company KBL Services, and talent manager Barrett Wissman. At the center of the fight is a critical question of arbitration law: does the American Arbitration Association have jurisdiction over a non-signatory?
In this episode, they discuss:
When non-signatories can be compelled to arbitrate
Alter ego and veil piercing theories
Agency law and representative capacity
Whether the AAA can administer arbitration against someone who never agreed to it
Strategic litigation choices when challenging arbitrability
If you handle contracts, endorsement agreements, arbitration clauses, or business disputes, this episode offers important insight into the limits of consent in arbitration.
32 min
February 20Kat Von D, Miles Davis, and the Possible Death of the Intrinsic Test?
When a jury says two works are not substantially similar, is that the end of the story? In this episode of The Briefing, Weintraub Tobin partners Scott Hervey and Richard D. Buckley, Jr. break down the Ninth Circuit’s decision arising from the Kat Von D tattoo of an iconic Miles Davis photograph and why it may signal the beginning of the end for the intrinsic test in copyright law.
In this episode, they cover:
How the Ninth Circuit’s two-part substantial similarity test works
Why the jury’s finding was nearly impossible to overturn on appeal
The concurring opinions calling the intrinsic test legally incoherent
How other circuits analyze substantial similarity differently
What a reworked test could look like going forward
Whether you are a creator, lawyer, or rights holder, this case highlights a potential turning point in how courts evaluate copyright infringement.
17 min
February 13Part Two: CCPA’s New Rules on Risk Assessments and Cybersecurity Audits
California privacy law has entered a new phase. In Part Two of this two-part episode of The Briefing, Weintraub Tobin Partners Scott Hervey and Richard Buckley break down the CCPA’s new requirements for Risk Assessments and Cybersecurity Audits.
In this episode, they cover:
When Risk Assessments are required and what they must evaluate
How businesses must weigh operational benefits against privacy risks
Who must be involved in conducting Risk Assessments and when
When Cybersecurity Audits are triggered and what they must include
What businesses must submit to the California Privacy Protection Agency
Tune in for part two on how a clear look at how California privacy law is turning AI compliance into an operational requirement.
9 min
February 06CCPA’s New Rules on Automated Decision making Technology (ADMT)
California privacy law has entered a new phase. In Part 1 of this two-part episode of The Briefing, Weintraub Tobin Partners Scott Hervey and Richard Buckley breaks down California’s new CCPA regulations governing Automated Decision making Technology, or ADMT. This episode explains how the amended rules go beyond data collection and sharing to regulate how businesses use algorithms, artificial intelligence, and automated tools to make decisions about people.
In this episode, they cover:
What qualifies as Automated Decision making Technology under the CCPA
Which automated decisions are considered “significant decisions”
When a business is subject to the ADMT rules
New notice, opt-out, and access rights for consumers, including employees and job applicants
Key compliance deadlines businesses need to prepare for now
Tune in for a clear look at how California privacy law is reshaping automated decision making and AI governance.
12 min
January 30Why Lady Gaga Beat a Trademark Injunction Over “Mayhem”
We previously covered the trademark lawsuit filed by Lost International against Lady Gaga over her use of “Mayhem” in connection with her album, tour, and related merchandise. Now the court has ruled, denying Lost’s motion for a preliminary injunction. In this episode of The Briefing, Weintraub Tobin partners Scott Hervey and Tara Sattler break down the court’s order and what it signals about the Rogers test after the Supreme Court’s Jack Daniel’s decision.
In this episode, they cover:
Why the court applied the Rogers test instead of the traditional Sleekcraft likelihood of confusion analysis
How the court treated tour merchandise tied to an expressive work under Ninth Circuit precedent
What “artistic relevance” means and why that prong was easily met here
Why “use of the mark alone” was not enough to show the use was explicitly misleading
How this ruling fits into the broader post Jack Daniel’s landscape, including recent Ninth Circuit developments
Tune in for a clear look at where trademark law meets tour merchandising and First Amendment protections.
0 min
January 23Top Gun Cleared for Takeoff: The Ninth Circuit Affirms Paramount’s Copyright Win
The Ninth Circuit kicked off 2026 with a major copyright decision in the long-running Top Gun dispute, affirming summary judgment for Paramount in the lawsuit over Top Gun: Maverick. In this episode of The Briefing, Weintraub Tobin shareholders Scott Hervey and Tara Sattler break down the Ninth Circuit’s reasoning and why it matters for studios, writers, and anyone adapting real-world stories.

In this episode, they cover:
The background of the claim tied to the 1983 magazine article “Top Guns”
How the Ninth Circuit applied the extrinsic and intrinsic tests for substantial similarity
Why historical facts and real events remain free for all to use, even when dramatic
The court’s focus on “protected expression” versus unprotectable ideas, facts, and genre conventions
Key takeaways for nonfiction adaptations, biopics, and projects inspired by true stories
Tune in for a clear look at where copyright law draws the line between protected expression and real-world facts.
18 min
January 16The 2026 Forecast: Resolving Some of the Entertainment Industry’s Open Legal Issues
As 2025 fades into the rearview mirror, many of the entertainment and media industry’s biggest legal questions remain unresolved. In this episode of The Briefing, Weintraub Tobin partners Scott Hervey and Tara Sattler take a forward-looking approach to the cases and doctrines that could shape 2026.

In this episode, they cover:
The unsettled future of fair use in AI training and copyright infringement
How courts are approaching lawful versus unlawful acquisition of training data
The growing split in AI cases involving market substitution and fair use
The narrowing application of the Rogers Test following the Jack Daniel’s decision
What pending cases could mean for filmmakers, studios, and content creators
Tune in for a clear look at the legal issues that could define entertainment and media in 2026.
25 min
January 092025 IP Resolutions Start With a Review of IP Assets (Featured)
Your intellectual property is one of your company’s most valuable assets. Are you keeping track of it? In this episode of The Briefing, Weintraub Tobin Partners Scott Hervey and Tara Sattler walk through why an IP checkup is a smart way to kick off the year and how businesses can safeguard their intellectual property assets.
In this episode, they cover:
Why regular IP audits matter for growing businesses
How to track and manage trademarks, copyrights, and patents
Common gaps companies overlook in their IP portfolios – Practical steps to protect and strengthen your IP strategy
Tune in for a practical guide to protecting the ideas and assets that drive your business forward.
17 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…