Scott M. Hervey

Shareholder

Location

Practice Areas

Bar Admissions

Experience

 

Affiliations

 

Education

 

Events

 

News

 

Blog

Experience

Scott Hervey is an entertainment, intellectual property and business attorney who works with companies in a variety of different industries. He represents traditional entertainment and digital media companies, technology companies, early stage investors and all varieties of brand driven enterprises, in financings, mergers and acquisitions, licensing and other general business transactions.

Scott’s entertainment practice is primarily in the area of television and digital media. Scott regularly represents television production companies in network negotiations and has served as production and clearance counsel on television programming for Netflix, History, Go90, TheCW, E!, VH1, NatGeo,WGN, CMT, WEtv, TruTV, Discovery, and A&E.

In the area of emerging media, Scott represents investors, venture capital funds and emerging growth companies in financing transactions. Scott also represents top digital media content creators, digital media studios, YouTube Networks and other new technology companies in a wide variety of matters including acquisitions, production, clearance and general business matters. Scott previously served as the acting business affairs director for the publicly traded digital content company, Digital Music Group, Inc. (now The Orchard).

Scott was featured in Variety’s 2014 Legal Impact Report and is a 2014 Super Lawyer®. Scott is a professor of entertainment law at King Hall law school, U.C, Davis and he serves on the board of directors of the Hollywood Radio and Television Society (HRTS).

Scott has extensive knowledge and experience in trademark law. He has represented clients in domestic and international trademark registration and enforcement in a variety of industries such as gaming (i.e., slot machine manufacturer Aristocrat Technologies), entertainment and hospitality (i.e., the Palms Casino and Resort in Las Vegas), wine and spirit brands (i.e., Popcorn Sutton’s Tennessee White Whiskey and Oak Ridge Winery), medical devices (i.e.,  Cesca Therapeutics) and sports and entertainment.


REPRESENTATIVE TRANSACTIONS

Emerging Media

  • Representation of game studio, MX Digital, in early stage financings, game development and distribution transactions.

  • Investor’s counsel for seed investment round in Oculus VR, Inc.

  • Representation of the creators behind the top YouTube channel “Smosh” in financing, sponsorship and endorsement transactions.

  • Representation of STX Entertainment in connection with various emerging media transactions

  • Fund counsel for VR accelerator, Green Screen Institute.

  • Representation of Pharrell Williams’ ” I am Other” YouTube channel.

  • Representation of DreamWorks Animation Television in connection with the production of its daily, YouTube program, “YouTube Nation.”
  • Served as acting director of business affairs for publicly traded digital content aggregator and represented company in the acquisition of over $40 million dollars of music and video content; negotiated over 50 distribution agreements with mobile and Internet retailers, including iTunes, Napster, YouTube, Revver, Lycos, Yahoo music, Zingy, and Cingular;

Television

  • Representation of production companies in all aspects of production of scripted and non scripted television programming, including acquisition and development and  negotiation of network production service agreements

Intellectual Property

  • Representation of companies in all industries in domestic and foreign trademark registration, maintenance and rights enforcement actions.
  • Representation of brands in sponsorship, endorsement and licensing transactions.
  • Representation of new media company in complex copyright infringement action.
  • Representation of new media technology company in a series of multi-million dollar content acquisition transactions.
  • Representation of software development company in multi-million dollar sale of company and international software development and technology transfer agreement with German technology university.

Independent Film Industry

  • Served as acting business counsel director for independent film production company Redwood Palms Pictures in structuring film slate financing transactions, theatrical and home video distribution agreements for numerous pictures.
  • Structured a $6 million multi-film syndication financing transaction for six direct-to-video motion pictures.
  • Served as production counsel for numerous independent film projects.

Scott is the editor-in-chief and frequent contributor to the IP Law Blog and has published a law review article entitled “The Future of Online Music: Labels and Artists.”  Scott is a frequent lecturer for the California State Bar and the American Corporate Counsel Association.

 

 

Education

J.D., with distinction, University of the Pacific, McGeorge School of Law, 1995

B.A., California State University, Northridge, 1992

Events

News

Blog

Tavern on the Green Trademark Battle Round #2Star Trek Fan Film Not Fair UsePhasers Set to Stun – Star Trek and Fan Film Producers Trade Copyright ShotsBranding Buds – Still Illegal Under Federal LawWeintraub Tobin’s L&E and IP Blogs recognized as “Top 100 Legal Blogs” By Feedspot Blog ReaderView All Blogs

Website Listing of Tequila Client Work Gets PR Firm a Trademark ShotSmall Burger Chain Has a Beef With ChipotleFair Use and Youtube – A Creator’s TakeNinth Circuit Rejects Current Status of Music Sampling Copyright Infringement And Sets Circuit Split For The Supreme CourtTattoo Infringement Case Against NBA 2K Game Publisher Shows Misunderstanding of Applicability of Statutory DamagesSupreme Court Battle Set Over Prohibition of Disparaging TrademarksFive IP Pitfalls That Start-Up (and Grown Up) Companies Can Easily AvoidISPs That Ignore Notices From “Copyright Trolls” Risk Losing DMCA Safe Harbor ProtectionsCourt Provides Fair Use Guidance On YouTuber’s Use of Viral VideoWill Lenz v. Universal Make Online Copyright Enforcement More Challenging for Copyright OwnersRichard Prince Once Again Pushes the Limits of Fair UseThat Would .SUCKLive Streaming Apps Raise New/Old Copyright ConcernsIs Fox News Proposing a New Standard For Determining Fair Use?The Left Shark, Katy Perry and Copyright ChumCambridge v. Becker – A Copyright Win For Publishers or an Enlargement of Fair Use?Clearing Marks In the Beverage Space Has Become Increasingly ComplexWho Owns Facebook “Likes” on Your PageCopyright Ownership Claim Of Pictures Taken By Wild Ape is Monkey BusinessThe Duke and Duke Duke It Out In Trademark RoweSupreme Court Says Raging Bull Copyright Case To Go Another RoundWill The Copyright Act be Amended to Include a “Making Available” RightHoly Lawsuit BatmanDid The California Court Of Appeals Transform The Transformative Use Test in Right of Publicity Cases?What Are You Smoking? Notes on the Increase in State and Local Regulation of E-CigarettesFederal Circuit Puts Generic 1800Mattress Trademark to Bed7th Circuit Case Should Serve As A Reminder To Business AttorneysHallmark Cards Raises Unique Defense to Paris Hilton’s Right of Publicity Claim – That’s HotWine’s “Full Bodied” Label Not To State Regulator’s LikingJack Bauer to Hunt Down DVD Pirates?Court Couldn’t Give A Quack About Generic MarkSuperman and a Super Copyright BattleLights, Camera, IP Issues…A Fresh Look At Managing Intellectual PropertyIn The 9th Circuit, May Not Be Worth It To Elect Statutory Damages In Trademark Counterfeiting ClaimFantasy Sports League Hits It Out Of The Park In Challenging MLB’s Ownership Of Player StatisticsIt’s Hammer Time at The USPTONinth Circuit Holds Modified Terms of Use UnenforceableHost A Website And Get Sued For Trademark InfringementInteractive Websites May Lose Protection Under the Communications Decency ActThe 11th Circuit Reminds All That Copyright Protection For Databases Is Alive And WellOver Installing Software May Subject A Company to Liability for Copyright InfringementThe YouTube QuestionThe Complexity of Proving Copyright InfringementCopyright Office Clears the Way for More RingtonesCopyright Problems for the Unwary Real Estate DeveloperDigital Applications of the Compulsory LicenseThe RIAA Goes After XM Satellite Radio for Copyright InfringementLearn a Lesson from Puffy – Don’t Ignore a Cease and Desist LetterTech Companies, Insure You Choose the Correct E&O Policy!Intend To Infringe = Go To JailThe Grokster Decision- What Does It Really Mean?New Laws Attempt To Regulate The InternetWhat’s the Big Deal About Copyright?Music Industry Glossary

Affiliations

State Bar of California, Business Law and Intellectual Property Law Sections and Trademark Subcommittee
Member


Awards

Southern California Super Lawyer, 2014 and 2015