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
Entertainment Law
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: Fake Reviews, Real Consequences – Consumer Review Dos and Don’ts (Featured)
By Scott Hervey & Jessica Marlow on
Posted in The Briefing
If your company relies on online reviews, influencer partnerships, or digital marketing strategies, it’s important to be aware of FTC Rules and the distinctions between real reviews and paid ads. Scott Hervey and Jessica Marlow discuss the dos and don’ts of consumer reviews on this featured episode of The Briefing.
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The Briefing: Who Owns Jack Nicklaus? Lessons for The Creator Economy From a Brand Battle
By Scott Hervey & Jessica Marlow on
Posted in The Briefing
What happens when a business built on a celebrity’s name no longer controls the name itself? In this episode of The Briefing, attorneys Scott Hervey and Jessica Marlow break down the Nicklaus Companies v. GBI decision and what it means for venture funds, PE firms, and brand-driven businesses.Continue Reading The Briefing: Who Owns Jack Nicklaus? Lessons for The Creator Economy From a Brand Battle
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