J.D., with distinction, University of the Pacific, McGeorge School of Law, 1995
B.A., California State University, Northridge, 1992
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.
In the realm of copyright law, determining the scope of damages and the applicability of the statute of limitations remains a contentious issue. The Supreme Court case of Nealy v. Warner Chappell Music (argued before the Court in February of this year) promises to shed light on this matter, grappling…
The holding in the Supreme Court case, Jack Daniels Properties v VIP Products, the case of the infringing Bad Spaniels dog toy, limits the applicability of the Rogers test. A recent case in the Ninth Circuit, Punchbowl Inc v. AJ Press, addressed the interplay between the decision in Jack Daniels…
The Delaware District Court’s Ruling on cross-motions for summary judgment in the case of Thomson Reuters v. Ross Intelligence Inc will provide guidance for similar AI training/copyright infringement cases and, as a bonus, it provides a bit of clarity (or muddies the waters… depending on your point of view) in…
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…
The recent Reilly v. Wozniak 9th Circuit decision upheld a 1950s ruling that requires a promise to pay to be present for an implied contract to exist. Scott Hervey and Josh Escovedo discuss this case and how the Desny decision applies to idea theft cases in California in this episode of The Briefing by the IP Law…
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…
In this episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss Paramount’s motion to dismiss a copyright infringement lawsuit relating to ‘Top Gun: Maverick.’ Watch this episode on the Weintraub YouTube channel here. Listen to this podcast episode here:
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…
Weintraub Tobin is pleased to announce that Scott Hervey has been ranked as the #1 author and the Firm has been named the Top Firm in the Trademarks category in the JD Supra 2025 Readers’ Choice Awards for their contributions to the top rated media, entertainment and IP podcast The…
Weintraub Tobin is pleased to announce that its acclaimed entertainment, media, and intellectual property podcast series The Briefing has reached 200 episodes. Set to air on November 27, 2024, the milestone 200th episode reflects four years of discussions on the legal intersection of creativity, innovation, and IP law. In The…
Legal minds meet entertainment headlines in the milestone 200th episode of ‘The Briefing’ – the acclaimed Entertainment, Media, and IP law podcast hosted by Weintraub Tobin’s Scott Hervey. Set to air November 27th, this landmark episode caps off a journey through the fascinating intersection of entertainment, innovation, and the law.…
Weintraub Tobin is pleased to announce that attorney Scott Hervey has been named the Top Author for Trademarks, and the Firm has been named the Top Firm for Trademarks, in the 2024 JD Supra Readers’ Choice Awards. Scott Hervey ranked first out of over 1,700 Trademark authors on JD Supra…
In a February 21st article for the Sourcing Journal, Meghan Hall writes that the Supreme Court rejected Brandy Melville’s request to review the 9th Circuit’s decision in its dispute with Redbubble, which overturned a previous ruling finding the print-to-order company guilty of contributory trademark infringement. When asked about this lawsuit,…
In a November 21st article for The Lever, Freddy Brewster writes about the growing concern over artificial intelligence’s use of copyrighted materials and how the U.S. plans to apply copyright laws to the A.I. industry. Many tech companies are concerned that their investments would be at risk if they were…
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 24 Weintraub Tobin attorneys are Martindale-Hubbell rated. Out of the 24 attorneys, 21 have received the AV Preeminent® Rating by Martindale-Hubbell®, while three attorneys have been given the Distinguished rating. AV…
Super Lawyers has released its Northern California, Southern California, and San Diego lists of outstanding attorneys for 2017, on which 36 Weintraub Tobin attorneys have been included. Six Weintraub Tobin attorneys received special recognition as a Top 25 Sacramento Super Lawyer. Weintraub Tobin attorneys named to the 2017 Southern California…
Weintraub Tobin would like to congratulate clients, Evan Puschak & James Charles, for being recognized by Forbes as some of the brightest in their field. “The Nerdwriter” creator, Evan Puschak, was named to Forbes’ Media 30 under 30 list. Evan’s YouTube series has gained over 1,000,000+ subscribers* since launching in 2011. James Charles,…
6/25/16- At the 7th Annual VidCon in Anaheim, CA , Weintraub Tobin Shareholder Scott M. Hervey and Rian Bosak, Head of Network Operations Full Screen, presented “Fair Use and Youtube- A Creator’s Take” to a standing room only audience of digital media creators and industry professionals. Check out their presentation below: Fair…
Super Lawyers has released its Northern California, Southern California, and San Diego lists of outstanding attorneys for 2015, on which 37 Weintraub Tobin attorneys have been included. Eight Weintraub Tobin attorneys received special honors in their respective regions. Weintraub Tobin attorneys named to the 2015 Southern California and San Diego…
On June 13, Weintraub Tobin sponsored an event for Make-A-Wish Northeastern California and Northern Nevada. With over a hundred people in attendance, the event helped to raise funds to grant wishes for kids with life-threatening medical conditions. The event was held at the home of co-sponsors Chris and Jennifer Granger.…
Weintraub Tobin client, Anthony Padilla and Ian Hecox of Smosh fame were featured in a Variety article announcing the premier of, “Smosh: The Movie.” Shareholder Scott Hervey represented Ian and Anthony and executive producer Barry Blumberg in their deals. The movie is now set to have its world premiere on…
Scott Hervey was quoted in an article in the International Business Times on how Fox’s fair use defense in a copyright infringement lawsuit arising over its use of a famous 9/11 image could change the landscape of copyright enforcement online.
For a third year in a row, Weintraub Tobin is working to raise funds for cardiovascular diseases and stroke by partaking in the American Heart Association Heart Walk on Saturday, September 21 at William Land Park. Our attorneys and staff work hard during the summer months to gear up for…
On Tuesday, September 10th at the Beverly Hilton, Scott Hervey was announced as one of the newest board members of The Hollywood Radio and Television Society. Scott had to be vetted and voted on by the existing board, and they welcomed him in with open arms. He now sits on…
Weintraub Tobin is proud to announce that our client David Mamet, who wrote and directed HBO’s “Phil Spector,” recently received two Emmy nominations, including Best Writing and Best Direction. This is the first Emmy nomination for the playwright. Phil Spector, which starred Al Pacino, received a total of 11 Emmy…
Weintraub Tobin Chediak Coleman Grodin Law Corporation is proud to announce that our client Tracy Letts has won a 2013 Tony Award for his role in “Who’s Afraid of Virginia Woolf?” Letts took home the award Sunday for best performance by an actor in a play for his portrayal of…
Weintraub clients John and Drew Dowdle will co-write the upcoming microbudget thriller: “As Above, So Below” for Legendary Pictures. According to Variety, the film will be set in the catacombs beneath Paris where two archeologists look for hidden treasure. Sources say the film would be set in the $5-$10 million…
The San Francisco Daily Journal addresses the merger between Weintraub Genshlea Chediak and Weissmann Wolff Bergman Coleman Grodin, LLP in this article, dated July 9, 2012.
SACRAMENTO / SAN FRANCISCO / LOS ANGELES, July 6, 2012 – Weintraub Genshlea Chediak Tobin & Tobin Law Corporation and Weissmann Wolff Bergman Coleman Grodin LLP have jointly announced the merger of their respective business and entertainment law firms. The combined firm, named Weintraub Tobin Chediak Coleman Grodin Law Corporation,…
Weintraub Genshlea Chediak Law Corporation and Tobin & Tobin, a professional corporation, jointly announce the merger of their business law and litigation firms. The combined firm will be named Weintraub Genshlea Chediak Tobin & Tobin and will have offices in Sacramento, San Francisco and Los Angeles. With over 60 attorneys,…
Sacramento’s fifth-largest law firm quietly opened a branch in Los Angeles this week. Weintraub Genshlea Chediak Law Corp. has hired two litigators in an office on Wilshire Boulevard to solidify a toehold in the intellectual property, employment and entertainment markets in Southern California. The firm has expanded in Sacramento, too.…
SACRAMENTO, Calif., July 21, 2009 –Weintraub Genshlea Chediak, a Sacramento-based business law and business litigation law firm congratulates its fourteen attorneys who were named as 2009 Northern California Super Lawyers and Rising Stars: Super Lawyers: Dale C. Campbell, Intellectual Property Litigation Christopher Chediak, Corporate Law Ed Corey, Jr., Estate Planning…
Shareholder Scott Hervey was quoted in Bob Shallit’s column for his generous donations of “walk-on” roles in television and movie productions all in support of Women Escaping a Violent Environment (WEAVE). In reference to the event he stated, “Bring your checkbook as this is a once-in-a-lifetime opportunity.”
EBay Negative on Negativland IPodBy Katie Dean Wired MagazineDecember 8, 2004 Shareholder Scott Hervey was quoted in a recent Wired Magazine article concerning Ebay’s removal of a modified U2 iPod from its auction site after Apple Computer complained of copyright violations. In this article, “Ebay Negative on Negativland iPod,” Hervey…
On this episode of The Briefing, Scott Hervey and James Kachmar break down the Supreme Court’s decision to pass on the McGuckin v. Valnet case—and how it keeps the legal confusion swirling around the “server test” for embedding online content. With courts on opposite coasts taking different stances, what does…
Lady Gaga’s “Mayhem” tour has sparked legal trouble. In this episode of The Briefing, Scott Hervey and James Kachmar analyze a trademark infringement lawsuit filed by surf brand, Lost International, which claims Gaga’s use of “Mayhem” on merchandise violates their long-standing rights. The discussion explores the strength of Lost’s trademark, the likelihood of consumer…
Is traditional Hollywood facing an existential crisis? Deloitte’s 2025 Digital Media Trends report reveals a massive shift in how Gen Z and millennials consume content. Scott Hervey and Tara Sattler break down the data and explore what this means for studios, creators, and the future of storytelling on this episode of The Briefing. Watch this…
Can HBO be sued over a T-shirt? Scott Hervey and Tara Sattler unpack Duke University’s beef with ‘White Lotus’ after a character wore a Duke tee on screen. Does this cross the legal line—or is it just creative expression? They’re talking trademark, the Rogers test, and what it all means for studios on this…
Is ‘The Pitt’ a spinoff, sequel, or something else entirely? Scott Hervey and Tara Sattler break down the lawsuit over ‘ER’ and whether ‘The Pit’ crosses the legal line into derivative territory on this episode of The Briefing. Watch this episode on the Weintraub YouTube channel or listen to this podcast episode here: Subscribe to Podcast…
On November 14th, The Hollywood Radio & Television Society (HRTS) presented an informative MCLE webinar, HRTS Unscripted: The Impact of Generative AI on Nonfiction. Weintraub shareholder Scott Hervey will moderate a panel discussion about the ethical, legal, and business impacts of generative AI on the fields of nonfiction, reality, documentary,…
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.
State Bar of California, Business Law, and Intellectual Property Law Sections and Trademark Subcommittee
Member
Hollywood Radio and Television Society Board of Directors
Member, Executive Committee (Secretary)
Awards
JD Supra Readers’ Choice Top Author Award – Trademarks, 2024
JD Supra Readers’ Choice Top Author Award – Trademarks, 2023
JD Supra Readers’ Choice Top Author Award – Trademarks, 2022
Southern California Super Lawyers, 2014, 2015, 2017, and 2018
