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The Briefing by Weintraub Tobin

The Briefing by Weintraub Tobin

De: Weintraub Tobin
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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.Copyright 2021 by Weintraub Tobin Chediak Coleman Grodin Arte Economía Política y Gobierno
Episodios
  • The Briefing: Lemon Pound Cake and the First Amendment
    Apr 3 2026

    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:

    • Why the deputies’ defamation claims failed under the “actual malice” standard
    • How satire and parody shape what counts as a statement of fact
    • Why the lack of an anti-SLAPP law in Ohio changed the entire case strategy

    Tune in for a clear look at where defamation law meets satire and the First Amendment.

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  • Vampires, Love Triangles, but No Infringement
    Mar 27 2026

    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:

    – Why common genre tropes like love triangles, supernatural powers, and chosen one narratives are not protectable

    – How courts filter out unprotectable elements using the “more discerning ordinary observer” test

    – Why combining familiar elements is not enough to prove copyright infringement

    Tune in for a clear look at where copyright law draws the line between inspiration and infringement.

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  • The Sound of a Lawsuit – David Greene vs Google NotebookLM
    Mar 20 2026

    When does an AI voice become your voice? In this episode of The Briefing, Weintraub Tobin partners Scott Hervey and Richard Buckley break down the lawsuit filed by longtime broadcaster David Greene against Google over its NotebookLM tool and its eerily familiar AI-generated voice.

    In this episode, they cover:

    • What Greene must prove to win a Right of Publicity claim
    • How Midler and Waits shape the legal standard for voice imitation
    • Why Google’s training data and “knowing use” will be key to the case
    • From forensic voice analysis to AI training practices, this case raises major questions about identity, ownership, and emerging technology.

    Tune in for a clear look at where the right of publicity meets artificial intelligence

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