The Briefing by Weintraub Tobin

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**The Briefing by Weintraub Tobin**

In The Briefing by Weintraub Tobin, intellectual property attorney Scott Hervey and his guests discuss current IP issues related to trademark, copyright, and entertainment, as well as IP litigation and intellectual property in the news.

Latest Episodes:

**Andy Warhol’s Prince Prints: Not Fair Use!? (Part Two)** Jul 09, 2021
Show notes

In this week’s episode, attorneys Josh Escovedo and Scott Hervey discuss an update to the litigation over Andy Warhol’s series of portraits of the artist Prince (*Andy Warhol Foundation v Goldsmith*). They provide a recap of last week’s episode, which covers the Second Circuit decision in favor of Goldsmith, the photographer whose image Warhol used to create the Prince Portraits, and the holding that Warhol’s renditions were not transformative enough to be fair use. That decision overturned a lower court decision in favor of the Warhol Foundation.

This week, Scott and Josh discuss the possible impact of the Supreme Court fair use decision in *Google LLC v Oracle America, Inc*., including the Andy Warhol Foundation’s petition to the Second Circuit for review of the Goldsmith decision.

**Watch** the video version of this episode on the Weintraub YouTube channel, here.

**Listen** to part one of this topic, here.

**Watch** part one of this topic, here.

**Andy Warhol’s Prince Prints: Not Fair Use!? (Part One)** Jun 29, 2021
Show notes

In this week’s episode, attorneys Josh Escovedo and Scott Hervey discuss the litigation over Andy Warhol’s series of portraits of the artist Prince (*Andy Warhol Foundation v Goldsmith*). Their discussion covers the Second Circuit decision in favor of Goldsmith, the photographer whose image Warhol used to create the Prince Portraits, and the holding that Warhol’s renditions were not transformative enough to be fair use. The decision overturned a lower court decision in favor of the Warhol Foundation.

**Production Note:** This episode includes a discussion of the high-profile litigation between the artist Shepard Fairey and the Associated Press over Fairey’s iconic “Hope” poster of then-presidential candidate Barack Obama. Throughout the episode, Scott and Josh mispronounce Fairey’s last name as “Farley.” They offer apologies to listeners and to the artist.

**Watch** a video version of this episode on the Weintraub YouTube channel, here.

**Listen** to part two of this topic here.

**Watch** part two of this topic here.

Defamation Lawsuit Against Netflix Dropped + New York Protects Dead Celebrities Jun 09, 2021

Show notes

Scott Hervey and Josh Escovedo discuss two topics in this episode of The Briefing. First, they talk about GEO Group's defamation lawsuit against Netflix over the show "Messiah," just dropped. Then, at 8:20, they move onto New York's new Right of Publicity law.