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Scott Hervey is a corporate and intellectual property attorney at Weintraub Tobin who works with companies in a variety of different industries. His clients include wineries, restaurants, technology companies, and entertainment/new media ventures. Scott has led his clients through hundreds of matters involving complex acquisitions, licensing, financings, and other transactions. He also assists clients in protecting their valuable brands through trademark infringement litigation, domain name infringement arbitration, and proceedings before the United States Patent and Trademark Office and Trademark Trial and Appeals Board. He discusses IP Law topics on the weekly video series The Briefing.

In this episode of The Briefing by the IP Law Blog, Weintraub Tobin attorneys Scott Hervey and Josh Escovedo discuss copyright litigation around the “Jersey Boys” — a musical and movie about The Four Seasons– involving an unpublished biography by one of the band members.

The Intellectual Property Law Blog provides insight in connection

The facts in Mango v. BuzzFeed are fairly straight forward. Mango is a freelance photographer who licensed a photograph to the New York Post.  The Post included the photo in a story and below the photo included Mango’s name – an attribution known in the publishing industry as a “gutter credit”.  Three months after the story was published by the Post, BuzzFeed published a related story and included Mango’s photo.  BuzzFeed did not get permission from Mango to use the photo.  Further, BuzzFeed removed Mango’s name from the gutter credit.  Mango sued for copyright infringement and for removal or alteration of copyright management information under the DMCA.  Prior to trial BuzzFeed stipulated to liability on the copyright infringement claim, leaving Mango’s DMCA claim as the sole issue for the District Court
Continue Reading Second Circuit Frames Novel Issue of Photographer’s Claim of Copyright Infringement and DMCA Violation

The motion picture Wolf of Wall Street was based on a book of the same title written by Jordan Belmont.  In the book, Andrew Greene, who was director, general counsel, and head of the corporate finance department at Stratton Oakmont between 1993 and 1996, was discussed extensively.  In the book, Greene is referred to by his nickname “Wigwam” (a reference to his toupee) and described as engaging in criminal conduct.  In the motion picture, Wolf of Wall Street a minor character named Nicky Koskoff, who wears a toupee and went by the nickname “Rugrat” is depicted as engaging in unsavory and illegal behavior.  This includes engaging in adulterous/sexual acts at work and participating in criminal money laundering schemes orchestrated by one of the founders of Stratton Oakmont, Jordan Belmont (played by Leonardo DiCaprio).  Greene sued Paramount Pictures and the film’s producers on the grounds that the Koskoff character presented a defaming portrayal of himself.
Continue Reading The “Wolf of Wall Street” Defamation Suit – The Risk of an “Inspired By” Character in Movies and TV