What happens when a failed police raid turns into a music video about lemon poundcake and a $3.9 million lawsuit?
In this episode of The Briefing, Scott Hervey and Richard Buckley, Jr. break down the Afroman defamation case, where surveillance footage, satire, and public officials collide under First Amendment law.
In this episode, they cover:Continue Reading The Briefing: Lemon Pound Cake and the First Amendment
A recent decision from the Southern District of New York offers one of the most detailed modern analyses of substantial similarity in the increasingly popular young adult fantasy/“romantasy” space.
The case arose from a dispute between an unpublished author and the creator of a commercially successful paranormal romance series. The plaintiff alleged that her manuscripts—shared…
What happens when two fantasy stories share the same DNA? In this episode of The Briefing, Weintraub Tobin partners Scott Hervey and Matt Sugarman break down a major copyright decision involving the Crave series and what it means for substantial similarity in fiction.
In this episode, they cover: Continue Reading The Briefing: Vampires, Love Triangles, but No Infringement
What happens when artists agree to transfer rights to a musical composition but never put that transfer in writing? In this episode of The Briefing, Weintraub Tobin partners Scott Hervey and Jessica R. Corpuz break down a federal court decision arising from a copyright dispute tied to Ye’s Donda album. The case turned on a simple but unforgiving rule of copyright law: without a written assignment, you do not own the copyright and you cannot enforce it.
In this episode, they cover:Continue Reading The Briefing: No Paper, No Standing: Kanye West, Copyright Transfers, and the Writing Requirement
