In this episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo provide an update on the copyright dispute between a photographer and the Andy Warhol Foundation over several Warhol paintings that utilize the photographer’s images as source material.

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On June 22, 2022, a New York federal judge dismissed a claim by popular TikTok creator Kelly Manno against Michael Che (former cast member on Saturday Night Live.) Manno claimed that Che copied a comedy bit posted on her TikTok account for his HBO show “That Damn Michael Che.”  Manno sued Che, NBCUniversal, (which produces the show,) and WarnerMedia (which owns HBO Max) alleging copyright infringement.
Continue Reading Michael Che of SNL Fame Beats Infringement Claim by TikTok Creator

In this episode of The Briefing by the IP Law BlogScott Hervey and Josh Escovedo discuss a copyright dispute, in which the heirs of the author who inspired the movie “Top Gun” claim that the film’s sequel infringes on their copyright to the story.
Continue Reading Top Gun Maverick – Right Into The Copyright Lawsuit Zone

Most patent claims describe an invention using positive claim limitations that expressly recite the required elements or features of an invention. Sometimes, however, it is necessary, or desirable, to use a negative claim limitation to expressly specify an invention requires the absence of an element or feature. But when is it allowable to claim the negative?
Continue Reading When Can a Patent Claim Positively Include the Negative?

In this episode of The Briefing by the IP Law BlogScott Hervey and Josh Escovedo provide an update on the copyright infringement dispute between a paparazzo and Emily Ratajkowski, and discuss the settlement’s implications for Fair Use.
Continue Reading What The Settlement of Ratajkowski/Paparazzi Copyright Lawsuit Means For Fair Use