A federal judge has ruled that training Claude AI on copyrighted books—even without a license—was transformative and protected under fair use. But storing millions of pirated books in a permanent internal library? That crossed the line.Continue Reading The Briefing: Anthropic, Copyright, and the Fair Use Divide
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The Briefing: Sinking the Rogers Test? What Pepperdine’s Lawsuit Could Mean for Hollywood
By Scott Hervey & Richard Buckley on
Posted in The Briefing
In this episode of The Briefing, Scott Hervey and Richard Buckley dive into Pepperdine University v. Netflix, a trademark showdown over the use of the name “Waves” in the Netflix series Running Point. After Pepperdine’s attempt to block the series’ release was denied under the Rogers test, the university is back—this time arguing that the Jack Daniel’s Supreme Court decision changes everything.Continue Reading The Briefing: Sinking the Rogers Test? What Pepperdine’s Lawsuit Could Mean for Hollywood
The Briefing: The Ninth Circuit Puts the Brakes on Eleanor’s Copyright Claim
By Scott Hervey & Richard Buckley on
Posted in The Briefing
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 distinctiveness and consistency required for copyright protection.Continue Reading The Briefing: The Ninth Circuit Puts the Brakes on Eleanor’s Copyright Claim
The Briefing: When a TikTok Costs You $150,000 – Copyright Pitfalls in Influencer Marketing
By Scott Hervey & Tara Sattler on
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
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. …