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
Member
Hollywood Radio and Television Society
Board Member
Awards
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
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.
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.
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…
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…
Join Us April 23! Weintraub Tobin and the LAVA Digital Media Group will host a panel discussion: “How Has Digital Media Changed the Way We Interact with Food” on Tuesday, April 23. Whether it’s finding a place to eat, sharing recommendations on your favorite dishes or ordering food online, investors…
Join Us March 26! Weintraub Tobin and the LAVA Digital Media Group will host a panel discussion: “The Role of Digital Media in Influencing Public Perception and Behavior” on Tuesday, March 26. Digital Media plays a significant role in creating and defining cultural norms and influencing individual behavior. Join our…
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…
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…
On September 15, 2008, intellectual property and new media shareholder Scott Hervey will speak at the annual UC Davis Entrepreneurship Academy. Scott will provide an informative review of intellectual property rights from a legal prospective.
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.…
In an August 22, 2023, article for The Information, Weintraub shareholder and IP attorney Scott Hervey provided guidance on what can be copyrighted under existing U.S. Copyright Office rulings when it comes to AI-generated material. Only the human-created portion of work containing AI-generated material can be copyrighted. – Scott Hervey…
The home renovation show Rock the Block, produced by Weintraub client Big Table Media, recorded its highest-rated season premier among women between the ages of 25 and 54 on March 6th. The show is now the top cable program among this age group, bringing in more than 5.7 million total…
Weintraub Tobin is pleased to announce that Weintraub has been recognized as the Top Trademark Law Firm and attorney Scott Hervey has been named a Top Trademark author in the 2023 JD Supra Readers’ Choice Awards. The Readers’ Choice Awards recognize authors and firms across 31 cross-industry topics for their…
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,…
In a January 25th article for The Optionist, Andy Lewis spoke with Weintraub shareholder Scott Hervey about their video and podcast series “The Briefing by the IP Law Blog.” They addressed commonly asked IP questions and discussed cases currently making headlines. When asked whether former Lakers coach Jerry West’s threat…
The Briefing by the IP Law Blog, a podcast and video series founded and hosted by Weintraub attorneys Scott Hervey and Josh Escovedo, releases its 100th episode on December 16, 2022. Launched in 2020, The Briefing posts weekly episodes covering current intellectual property issues related to trademark, copyright, entertainment, and…
Weintraub Tobin is pleased to announce that attorneys Scott Hervey and Josh Escovedo have been named as the top two Trademark authors in the 2022 JD Supra Readers’ Choice Awards. Scott Hervey, who ranked second in a pool of over 1,500 Trademark authors on JD Supra this year, is an…
Scott Hervey is quoted in Brian Lowry’s CNN article, Making TV Shows During Coronavirus is Taking More Time — and Money. Scott moderated a August 5 panel for the Hollywood Radio and Television Society (HRTS), where he is a board member. The panel, titled “Unscripted,” discussed the logistics of production…
Scott Hervey and Todd Stern’s client Matt Stawski will make his feature directorial debut with Universal Pictures’ Monster Mash. The film is set to be an original musical film. Stawski is a Grammy nominated music video director of Side Effects for Awesomeness TV. For more details, read the full article…
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’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…
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…
It has been referred to as one of the top copyright cases to watch this year. This case, Alexis Hunley, et al v. Instagram, LLC, questioned the scope and validity of the Server Test, a copyright doctrine that was established by the 9th Circuit and has since been rejected by…
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…
Earlier this month, a new Drake and Weeknd collaboration disrupted the Internet. The only problem was it wasn’t a Drake and Weeknd collaboration after all. The song “Heart on My Sleeve” was written and produced by TikTok user ghostwriter977. The vocals for “Heart on My Sleeve” were generated by artificial…
On March 16th, the US Copyright Office issued a policy statement regarding the registration of works that contain material generated by artificial intelligence (AI) technology. This statement clarifies the Copyright Office’s practices for examining and registering works that contain such material, as generative AI technologies are capable of producing various…
Veteran investigative reporter Bob Woodward conducted an audio interview of former President Donald Trump for Woodward’s book, Rage. Woodward later released these recordings as a separate audiobook. Trump claims that Woodward did not have his permission to release these audiotapes as a separate audiobook, and sued Woodard and his publisher…
As 2023 commences, it’s time for companies to review and take stock of their intellectual property assets. This applies to companies that have never taken serious steps to protect intellectual property and companies that understand the value of intellectual property and take active steps to secure and protect those assets.
A jury in the District Court for the Southern District of Illinois in the case of Alexander v. Take-Two Interactive Software found that the depiction of tattoos on wrestler Randy Orton in a video game published by Take Two Interactive infringed the tattoo artist’s copyright in the tattoos. In this…
It’s been referred to as one of the top copyright cases to watch this year. This case, Alexis Hunley, et al v. Instagram, LLC, could mean the end to the server test, a once widely-followed copyright doctrine established by the 9th Circuit in Perfect 10, Inc. v. Amazon.com Inc., now…
In May, skater shoe company, Vans, persuaded a district court judge in NY to halt the pre-sale of a pair of shoes called Wavy Baby, the result of a collaboration of rapper Tyga and MSCHF, a Brooklyn-based design studio that was previously sued by Nike over its Satan Shoe collaboration with…
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:
Last month, HBO released its new drama series Winning Time: The Rise of the Lakers Dynasty – based on the book Showtime: Magic, Kareem, Riley and the Los Angeles Lakers Dynasty of the 1980s by Jeff Pearlman. To say that Jerry West, the former head coach and GM of the…
In California, an idea theft claim is based in large part on the California Supreme Court case of Desny v. Wilder. In Desny, the plaintiff Victor Desny wrote a script depicting the real-life story of Floyd Collins, a boy who made headlines after he was trapped in a cave eighty…
INTERPROFESSION DU GRUYÈRE, et al., v. U.S. DAIRY EXPORT COUNCIL, et al., twas all about exclusive right to control the use of Gruyere for cheeses in the US. This case began with a 2015 application by Interprofession du Gruyère, a Swiss registered association, and Syndicat Interprofessionnel du Gruyère , a…
Failure to disclose certain relationships with a third party may result in significant consequences from the court. Scott Hervey and Eric Caligiuri talk about this on this episode of The Briefing. Watch this episode on the Weintraub YouTube channel here. Listen to this podcast episode here:
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 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.…
The rise of deepfakes is a growing concern within the entertainment industry. Scott Hervey and Jamie Lincenberg discuss this and the intersection between free speech and protected rights on this episode of The Briefing. Watch this episode on the Weintraub YouTube channel here. Listen to this podcast episode here:
In the case of Brandy Melville v Redbubble, a three judge appellate panel explored whether an owner of an online market place is liable for contributory trademark infringement. Scott Hervey and Jamie Lincenberg discuss this on this episode of The Briefing. Watch this episode on the Weintraub YouTube channel here. Listen to this podcast episode here:
