The Briefing by Weintraub Tobin

Top Gun Cleared for Takeoff: The Ninth Circuit Affirms Paramount’s Copyright Win

The Ninth Circuit kicked off 2026 with a major copyright decision in the long-running Top Gun dispute, affirming summary judgment for Paramount in the lawsuit over Top Gun: Maverick. In this episode of The Briefing, Weintraub Tobin shareholders Scott Hervey and Tara Sattler break down the Ninth Circuit’s reasoning and why it matters for studios, writers, and anyone adapting real-world stories.   In this episode, they cover: The background of the claim tied to the 1983 magazine article “Top Guns” How the Ninth Circuit applied the extrinsic and intrinsic tests for substantial similarity Why historical facts and real events remain free for all to use, even when dramatic The court’s focus on “protected expression” versus unprotectable ideas, facts, and genre conventions Key takeaways for nonfiction adaptations, biopics, and projects inspired by true stories Tune in for a clear look at where copyright law draws the line between protected expression and real-world facts.

The 2026 Forecast: Resolving Some of the Entertainment Industry’s Open Legal Issues

As 2025 fades into the rearview mirror, many of the entertainment and media industry’s biggest legal questions remain unresolved. In this episode of The Briefing, Weintraub Tobin partners Scott Hervey and Tara Sattler take a forward-looking approach to the cases and doctrines that could shape 2026.   In this episode, they cover: The unsettled future of fair use in AI training and copyright infringement How courts are approaching lawful versus unlawful acquisition of training data The growing split in AI cases involving market substitution and fair use The narrowing application of the Rogers Test following the Jack Daniel’s decision What pending cases could mean for filmmakers, studios, and content creators Tune in for a clear look at the legal issues that could define entertainment and media in 2026.

2025 IP Resolutions Start With a Review of IP Assets (Featured)

Your intellectual property is one of your company’s most valuable assets. Are you keeping track of it? In this episode of The Briefing, Weintraub Tobin Partners Scott Hervey and Tara Sattler walk through why an IP checkup is a smart way to kick off the year and how businesses can safeguard their intellectual property assets. In this episode, they cover: Why regular IP audits matter for growing businesses How to track and manage trademarks, copyrights, and patents Common gaps companies overlook in their IP portfolios – Practical steps to protect and strengthen your IP strategy Tune in for a practical guide to protecting the ideas and assets that drive your business forward.

New York Times v. Perplexity AI: Copyright, Hallucinations, and Trademark Risk

In this episode of The Briefing, Weintraub Tobin partners Scott Hervey and Matt Sugarman break down The New York Times v. Perplexity AI, a lawsuit that goes beyond copyright and into largely untested trademark territory. They discuss the Times’ allegations that Perplexity copied its journalism at both the input and output stages and, more significantly, that the AI attributed fabricated or inaccurate content to the Times using its trademarks. The case raises new questions about false designation of origin, trademark dilution, and how AI hallucinations could expose platforms to liability. In this episode, they cover: Alleged large-scale scraping and output copying of Times content How RAG systems complicate traditional copyright defenses The novel use of trademark law to challenge AI hallucinations False designation of origin and dilution by tarnishment claims What this lawsuit could mean for AI companies that cite or brand sources Tune in for a clear look at where trademark law meets AI-generated misinformation.

A Very Patented Christmas: The Quirkiest Inventions for the Holiday Season (Featured)

Get into the holiday spirit with a look at some of the most unique Christmas patents ever filed. From Santa detectors to upside-down Christmas trees, Scott Hervey and Jamie Lincenberg explore festive inventions that add a little extra cheer to the season on this episode of The Briefing. Watch this episode on the Weintraub YouTube channel.