The Briefing by Weintraub Tobin

Latest Episodes
Publicity Rights and the Law – Using Real People in Your Work
Can you use a celebritys voice or image in your work? What about AI-generated versions? On this episode of The Briefing, Scott Hervey and Richard Buckley explore the right of publicityhow it protect
Who Owns What – Understanding Copyright in Collaborative Projects
Who owns the rights when you co-create something? Its not always as simple as you think. On this episode of The Briefing, Scott Hervey and Richard Buckley dig into: Joint authorship Work-for-h
Trademark Basics – Protecting Names, Logos, and Brands in Entertainment
From podcast names to iconic sounds, trademarks shape the entertainment world. In this episode of The Briefing, Scott Hervey and Richard Buckley break down what trademarks are, how to get one, and why
What Is Fair Use and Why Does It Matter?
Creators, beware: just because its online doesnt mean its fair game. In this episode of The Briefing, Scott Hervey and Richard Buckley break down one of the most misunderstood areas of copyright la
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 companys LLaMA models. But the ruling doesn
Anthropic, Copyright, and the Fair Use Divide
A federal judge has ruled that training Claude AI on copyrighted bookseven without a licensewas transformative and protected under fair use. But storing millions of pirated books in a permanent inte
The Supreme Court Dodges the Discovery Rule Question—What That Means for Copyright Enforcement
The Supreme Court sidestepped a major copyright showdownagain. What does it mean when infringement claims surface decades later? In this episode of The Briefing, Scott Hervey and Tara Sattler break d
Who Owns WallStreetBets? Trademark Use in Commerce and the Reddit Battle
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 betwe
Sinking the Rogers Test? What Pepperdine’s Lawsuit Could Mean for Hollywood
In this episode of The Briefing, Scott HerveyandRichard Buckley dive into Pepperdine University v. Netflix, a trademark showdown over the use of the name Waves in the Netflix series Running Point.
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 distinctivene