Scott M. Hervey


Los Angeles


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 financing, mergers, acquisitions, licensing, and other general business transactions.

Scott’s Entertainment practice is primarily in the area of television and digital media. Scott regularly represents studios, television production companies, producers, directors, writer/showrunners in a wide variety of transactions, including network negotiations, development deals, and all forms of rights acquisitions. Scott is the co-lead of the Firm’s Business & Legal Affairs group, which provides outsourced comprehensive business, legal, and production affairs to clients requiring either a full-service solution or an interim/project-based solution.  For more information on Scott’s scope of Business & Legal Affairs services, please click here.

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 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 legal cannabis, cosmetics and beauty, fitness, gaming, entertainment and hospitality, wine and spirit brands, medical devices, and sports and entertainment.

Scott was featured in Variety’s 2014 Legal Impact Report and has been selected to Southern California Super Lawyers® on numerous occasions. He was a professor of entertainment law at King Hall law school, U.C. Davis, and regularly speaks at various industry events about digital media. Scott serves on the Hollywood Radio and Television Society (HRTS) board of directors and is the co-chair of HRTS Unscripted Content Group.

Scott is a frequent contributor to The IP Law Blog and host of The Briefing, where Scott and his guests discuss current IP issues related to trademark, copyright, and entertainment, as well as IP litigation and intellectual property in the news.

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

Hollywood Radio and Television Society
Board Member


JD Supra Readers’ Choice Top Author Award – Trademarks, 2022

Southern California Super Lawyers, 2014, 2015,  2017, and 2018

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

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

Webinar: IP Year in Review

Weintraub attorney Scott Hervey was a speaker for the IP Year in Review Webinar co-hosted by The SCBA Intellectual Property Law Section and the Intellectual Property Student Association of McGeorge School of Law.

  • When: Jan 28, 2021
  • Where: Webinar

Raising Capital for Startups

Summary of Program Join a panel of Weintraub Tobin attorneys and Touchdown Ventures venture capitalists to discuss the preliminary work that must be done before looking for investment and the details of seed and A round financing.

  • When: Mar 16, 2016
  • Where: Bespoke

Upcoming Speaking Engagement: Digital DIY: The New Wild West

Intellectual Property/Entertainment attorney Scott Hervey will serve as the moderator for “Digital DIY: The New Wild West” at Westdoc 2013 on Tuesday, September 17. Panel Description Not everyone is using iTunes to sell their content online. Hear about alternative distribution avenues that will blow your mind. How are DIY sites…

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Upcoming LAVA DMG Event: A Conversation with Ethan Applen

Join us July 23!Weintraub Tobin and LAVA Digital Media Group will host a conversation with Ethan Applen, the executive director of Media Camp, a Turner/Warner Brothers Initiative, on Tuesday, July 23th. The conversation will focus on the opportunities and challenges with owning a startup company and will include a demo…

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“What’s Ahead for Digital Media in 2013” Panel Discussion

Weintraub Tobin and Moss Adams are co-sponsoring the LAVA Digital Media Group’s panel discussion: “What’s Ahead for Digital Media in 2013” on Tuesday, February 26. Making predictions in digital media can be challenging. At this time last year who even knew what Pinterest was, let alone that it would explode…

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Upcoming Seminars for Wineries

Three Weintraub attorneys will speak to wineries and winemakers about legal challenges for facility development, land management and business operations at two half-day seminars on Wednesday, November 9th and Thursday, November 17th. The seminar for the Motherlode & Northern California Wineries and Vineyards will cover recent trends and topics relating…

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WT Clients: Chris Olsen and Ms Rachel Win 2023 Streamy Awards

Creators and Weintraub clients Chris Olsen and Ms Rachel were winners at the 13th Annual Streamy Awards. Chris Olsen, a social media and TikTok star, won the Short Form Category. Ms Rachel, a YouTube creator with a highly successful learning channel for toddlers, won in the Kids and Family category.…

WT Clients: ‘Poker Face’ Now Streaming on Peacock

New murder mystery series Poker Face is now available to stream on Peacock. The first four episodes of the 10-episode season release premiered on the streaming service on January 26, 2023. Poker Face is the first TV series from filmmaker Rian Johnson (Knives Out, Star Wars), who is the creator,…

Weintraub Tobin Shareholder Scott Hervey to speak at VidCon US 2018

Topic will be – A Creator’s Guide to Fair Use and Rights Management In the ever-changing landscape of digital content, knowing how to navigate the legalities of using video or music you don’t own is tough. Experts Scott Hervey (Weintraub|Tobin) and Rian Bosak (SuperBam!) will walk you through fair use,…

Weintraub Tobin Shareholder Scott Hervey moderates Hollywood Radio & Television Society’s (HRTS) Unscripted Content Group panel discussion

Weintraub Tobin’s Scott Hervey moderated a Hollywood Radio & Television Society’s (HRTS) Unscripted Content Group panel discussion on Monday, December 4th to discuss the recent sexual harassment  allegations circulating Hollywood. According to Deadline Hollywood, Hervey “asked first-rate questions.”  The panelists discussed the liability a hypothetical production company carries when producing…

21 Weintraub Tobin Attorneys Rated by Martindale-Hubbell®

SACRAMENTO, CA (August 7, 2017) – Weintraub Tobin, a leading California full-service law firm, is pleased to announce that 21 Weintraub Tobin attorneys are Martindale-Hubbell rated. Out of the 21 attorneys, 19 have received the AV Preeminent® Rating by Martindale-Hubbell®, while three attorneys have been given the Distinguished rating. AV…

Is Warhol Bad for Documentarians?

The Supreme Court decision in Andy Warhol Foundation v. Goldsmith changed the way fair use is analyzed. In determining fair use, four factors are examined. The first fair use factor examines the purpose and character of the use. Prior to this case, the focus has been on the transformative nature…

The Briefing by the IP Law Blog: Update – Andy Warhol Foundation Urges Supreme Court to Reverse Fair Use Decision

In this episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo provide an update on the copyright dispute between a photographer and the Andy Warhol Foundation over several Warhol paintings that utilize the photographer’s images as source material. Watch this episode on the Weintraub YouTube channel here. Listen to this podcast episode here:

The Briefing: How to Avoid Bearing The Risks of A Naked License

In Blue Mountain Holdings v. Bliss Nutraceuticals, the 11th Circuit upheld a U.S. District Court finding that Lighthouse Enterprises issued a naked license to Blue Mountain, which covered the trademark in question. Scott Hervey and Eric Caligiuri discuss this case and how to avoid bearing the risks of a naked license in this episode…

The Briefing: A Prototypical Corporate Salesperson is Not Patentable

The Federal Circuit Court of Appeals invalidated seven patents owned by an AI technology company after applying the two-step Alice test. Scott Hervey and Audrey Millemann talk about this decision on this episode of The Briefing. Read more about this case on the IP Law Blog here. Watch this episode on the Weintraub YouTube channel here.…