Did the courts just preserve documentary filmmaking as we know it? In this episode of The Briefing, Weintraub Tobin Partner Scott Hervey and Associate Caroline M. Korpiel revisit the Tiger King fair use dispute and break down the Tenth Circuit’s new opinion in Whyte Monkee Productions v. Netflix.

In this episode, they cover:

  • Why the original ruling alarmed documentary filmmakers and copyright experts
  • How the Tenth Circuit reconsidered fair use after Warhol v. Goldsmith
  • What this decision means for documentaries, biographical storytelling, and “biographical anchor” fair use

Whether you’re a filmmaker, producer, content creator, or IP professional, this episode offers important insight into the future of fair use in documentary storytelling.

Watch this episode on our YouTube or listen to the podcast here.

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What happens when your AI assistant can act for you, but the platform says no? In this episode of The Briefing, Scott Hervey and Richard D. Buckley, Jr. break down the high-stakes dispute between Amazon and Perplexity AI over AI agents accessing password-protected user accounts.

In this episode, they cover:

– What “agentic AI” means and how tools like Comet actually function

– Why Amazon moved quickly for a preliminary injunction

– How the CFAA and California law are being used to challenge AI-driven access

Tune in for a clear look at whether platform owners can legally fence off AI agents from interacting with their systems.

Watch this episode on our YouTube or listen to the podcast here.

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Can sending a cease-and-desist letter land you in court across the country? In this episode of The Briefing, Scott Hervey and Richard D. Buckley, Jr. break down a major Eleventh Circuit decision involving the Frida Kahlo brand and the risks tied to aggressive IP enforcement.

In this episode, they cover:

Continue Reading The Briefing: Frida Kahlo vs. The 11th Circuit – A Warning for IP Owners Everywhere

Can a five word phrase be worth millions? In this episode of The Briefing, Weintraub Tobin partners Scott Hervey and Matt Sugarman break down the high stakes trademark dispute between Las Vegas performer Maren Flagg and Taylor Swift over the phrase “The Life of a Showgirl.”

In this episode, they cover:

Continue Reading The Briefing: Taylor Swift, Trademark Law, and the Fight Over ‘Life of a Showgirl’

Can you use “March Madness” without getting sued? In this episode of The Briefing, Weintraub Tobin partners Scott Hervey and Jessica Corpuz break down the NCAA’s lawsuit against DraftKings and the high stakes fight over one of the most recognizable trademarks in sports.

In this episode, they cover:

Continue Reading The Briefing: March Madness or Trademark Madness? The NCAA v. DraftKings Lawsuit