An innovative provider of sophisticated legal services in over 45 practice areas.
Intellectual Property
Copyrights
Weintraub’s copyright attorneys advise clients on a wide range of issues including copyright registration, assignment, licensing, and strategy. Our experienced attorneys also handle a broad scope of copyright litigation, from representing copyright owners whose works have been infringed to defending those accused of copyright infringement.
To that end, Weintraub copyright attorneys are intently involved in the complex issues surrounding computer software and the high-tech industry, including issues relating to the scope of copyright protection, enforcement, acquisition, and licensing. Weintraub has also represented and advised clients in licensing and litigation matters relating to copyright protection for a wide variety of commercial items such as toys, electronics, and educational materials.
Weintraub brings extensive experience protecting copyrighted works for the entertainment industry, including protecting literary works, television and film works, visual artwork, video games, sound recordings, and multimedia products. We represent clients from industries such as television, film, music, publishing, websites, video games, and software. The firm has assisted clients in all forms of media and copyrightable works, including digital content, audiovisual presentations, software, film, literature, images, photography, and recorded music and sounds.
We register copyrights, expedite applications, record documents, and perform title searches. We also draft and negotiate agreements involving copyrighted works, including joint-development agreements, licenses, assignments, rights clearance, and distribution agreements. We advise on copyrightability, fair use, infringement, ownership and title, notice, security interests, and foreign protection. We have extensive experience in social media and other on-line issues and guide our clients through constantly changing best practices in this field.
Our services include:
Preparing and negotiating licenses and transfers, including for software and entertainment content
Litigation of copyright infringement cases
Copyright registration and protection
Fair use, open source counseling, and other software related issues
Ownership and work-made-for-hire counseling
Derivative works, distribution, and public performance rights
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…
Jo Dale Carothers was recently quoted in a Law360 article after a recent Precendential Opinion Panel decision for patent petitions for inter partes review (IPR) on whether copyright and ISBN are sufficient evidence for printed reference material as having been “publicly available”. Jo Dale speaks about the ruling stating, “I…
Weintraub is pleased to announce that Jo Dale Carothers has been recognized as a 2019 San Diego Super Lawyer and Eric Caligiuri as a 2019 Rising Star. Jo Dale Carothers is a shareholder and chair of the firm’s Intellectual Property group. An intellectual property litigator and registered patent attorney, Jo…
Weintraub is pleased to announce that Jo Dale Carothers has been recognized as a 2019 San Diego Super Lawyer and Eric Caligiuri as a 2019 Rising Star. Jo Dale Carothers is a shareholder and chair of the firm’s Intellectual Property group. An intellectual property litigator and registered patent attorney, Jo…
Download: WTWB Merger Press Release FINAL.pdf Weintraub Tobin Chediak Coleman Grodin Law Corporation and Waldron & Bragg, a professional corporation, have jointly announced the merger of their business law and litigation firms. The combined firm will be named Weintraub Tobin Chediak Coleman Grodin and have offices in Sacramento, Calif., San…
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…
OpenAI, Inc. develops artificial intelligence software involving large language models (“LLM”) known as ChatGPT. In 2023, several authors, including the comedian Sarah Silverman, filed putative class action lawsuits alleging various copyright infringement claims. On February 12, 2024, a District Court in the Northern District of California issued its Order and…
The Ninth Circuit recently addressed the issue of whether parties can contractually agree to shorten the statute of limitations period for bringing a copyright infringement claim. In an unpublished opinion in the case, Evox Productions, LLC v. Chrome Data Solutions, LP (filed Feb. 10, 2023), the Ninth Circuit held that…
In Jacobs et al v. The Journal Publishing Company et al, 1-21-cv-00690, District Judge Martha Vazquez of the District Court of New Mexico recently held Plaintiffs’ twenty-two-month delay in filing suit rebutted any presumption of irreparable harm for alleged copyright violations, and accordingly denied Plaintiffs’ motion for a preliminary injunction. In…
Originally published by the California Lawyers Association Business Law Section in the Corporations Committee e-Bulletin (2026 issue addressing developments under California’s Fair Investment Practices by Venture Capital Companies Law), this co-authored article originally titled “DFPI Suspends Implementation of the FIPVCC Rulemaking” by Christopher Chediak of Weintraub Tobin’s Corporate Group and…
On April 23, 2026, Dr. Mehmet Oz, Administrator of the Centers for Medicare & Medicaid Services (“CMS”), sent letters to all governors and State Medicaid Directors requesting that the states do the following: Within 10 days, provide to CMS a timeline for swift revalidation of high-risk providers. High risk providers…
Financial elder abuse is one of the least reported and misunderstood issues affecting families in California. Despite not always looking like theft, it often begins with small, seemingly innocuous shifts. Common patterns include: a senior who stops discussing money, a caregiver who starts attending every appointment, or an estate plan…
A recent decision from the Southern District of New York offers one of the most detailed modern analyses of substantial similarity in the increasingly popular young adult fantasy/“romantasy” space. The case arose from a dispute between an unpublished author and the creator of a commercially successful paranormal romance series. The…
Trust litigation frequently leads to prolonged conflict and substantial expense, eroding the value of California trusts and estates over time. These losses diminish funds that would otherwise pass to beneficiaries. Trust disputes in California range widely in size, from hundreds of thousands to hundreds of millions of dollars. Regardless of…
When an early-stage company falls apart, it’s rarely because the founders disagreed about the product. More often, it’s because they never documented the relationship between themselves. I’ve seen promising companies stall, financings delayed, and long-time friendships end because the founders never clarified who owned what, how ownership would vest, or what would happen if someone left. These problems…
The Centers for Medicare and Medicaid Services (“CMS”) recently announced new healthcare fraud measures that include the imposition of a six-month moratorium on provider enrollments of new durable medical equipment, prosthetics, orthotics, and supplies (“DMEPOS”) suppliers. This means that new DMEPOS suppliers will not be able to enroll for the…
The intersection of trademark law and the First Amendment remains one of the most complex battlegrounds in intellectual property. A recent ruling in the dispute between the surf and lifestyle brand Lost International and Lady Gaga provides a critical look at how courts are navigating trademark conflicts involving expressive works in a post-Jack Daniel’s landscape. In December,…