Warner Music Group just sued DSW for using 200+ hit songs in social media ads—without permission. Those TikToks could now cost $30M. On this episode of The Briefing, entertainment and IP attorneys Scott Hervey and Tara Sattler break down the legal firestorm and what every brand needs to know before hitting “post.”Continue Reading The Briefing: When a TikTok Costs You $150,000 – Copyright Pitfalls in Influencer Marketing
Copyright Law
The Briefing: No CTRL-ALT-DEL For the Server Test
By Scott Hervey & James Kachmar on
On this episode of The Briefing, Scott Hervey and James Kachmar break down the Supreme Court’s decision to pass on the McGuckin v. Valnet case—and how it keeps the legal confusion swirling around the “server test” for embedding online content. With courts on opposite coasts taking different stances, what does this mean for publishers, bloggers, and social media managers? They talk about the risks, what you can do to stay safe, and why your location might matter more than you think.Continue Reading The Briefing: No CTRL-ALT-DEL For the Server Test
The Briefing: NBA Teams Fight Back Against Trolling – The Validity of the Discovery Rule at Stake
By Scott Hervey & Tara Sattler on
Posted in Copyright Law, The Briefing
A petition is calling for the Supreme Court to decide on the validity of the “discovery rule,” which allows copyright claims long after the alleged infringement. NBA teams like the Indiana Pacers and Denver Nuggets are even weighing in, worried that social media posts from years ago could be used as grounds for lawsuits. …
The Briefing: Federal District Court Adopts Problematic “Vibe Copyright” Protection in Influencer Fight
By Scott Hervey & Tara Sattler on
Posted in Copyright Law, The Briefing
In the case of Sydney Nicole vs. Alyssa Sheil, a federal district judge ruled that certain vibes and aesthetics can be protected under copyright law. Weintraub attorneys Scott Hervey and Tara Sattler break down this decision and what it means for content creators and brands in the digital age on this episode of The …
The Briefing: Bad Spaniels – Infringement? No. Dilution? Yes
By Scott Hervey & Tara Sattler on
Posted in The Briefing
On this episode of The Briefing, Scott Hervey and Tara Sattler dive into the landmark Jack Daniels v. VIP Products case that changed trademark law. They break down the Supreme Court’s ruling on trademark infringement vs. dilution and explore how a dog toy parody nearly tarnished Jack Daniels’ brand.Continue Reading The Briefing: Bad Spaniels – Infringement? No. Dilution? Yes