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The case arose from a dispute between an unpublished author and the creator of a commercially successful paranormal romance series.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 years earlier with a literary
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:
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 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
Can an arbitration provider force someone into arbitration who never signed the contract? In this episode of The Briefing, Weintraub Tobin partners Scott Hervey and Richard D. Buckley, Jr. break down the high-profile dispute involving Skechers, global influencer Khaby Lame, his management company KBL Services, and talent manager Barrett Wissman. At the center of the fight is a critical
Legal citations follow a rigid format that tells you exactly who said what, where it was published, and when.
Without proper citations, neither the court nor lawyers can cite a published work. Big reason that practitioner publishing, whether blogs, white papers or articles are not cited.
Here’s an example of a citation for a law review article: Jane Smith, The
Case law has a citation system. Statutes have one. Law reviews have one.
But when a practicing lawyer shares insight and commentary on the law, whether it be interpreting primary law or breaking down the law for clients or the public there’s nothing.
No structured way for lawyers or the court to cite it. No persistent identifier connecting the work
If you’re a lawyer publishing insight and commentary on your niche area of law, where do you want your publishing to live?
Of course, you’ll still want publishing on your website. People who find you by word of mouth, through search, or even through an LLM will look you up there. But that audience is shrinking.
But think about a
The intersection of trademark law and the First Amendment remains one of the most complex battlegrounds in intellectual property. A recent ruling in the dispute between the surf and lifestyle brand Lost International and Lady Gaga provides a critical look at how courts are navigating trademark conflicts involving expressive works in a post-Jack Daniel’s landscape.
In December, a federal court denied Lost International’s motion for a preliminary
What happens when an artist terminates a decades-old copyright grant under U.S. law, but the work is still being exploited around the world? In this episode of The Briefing, Weintraub Tobin Partners Scott Hervey and Matt Sugarman break down the Fifth Circuit’s decision in Vetter v. Resnik and what it means for worldwide copyright grants. In this episode, they