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:
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…
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…
On June 22, 2022, a New York federal judge dismissed a claim by popular TikTok creator Kelly Manno against Michael Che (former cast member on Saturday Night Live.) Manno claimed that Che copied a comedy bit posted on her TikTok account for his HBO show “That Damn Michael Che.” Manno…
On July 24, 2023, the United States Patent and Trademark Office changed its procedures for the PTO Director’s review of certain decisions by the Patent Trial and Appeal Board. The decisions in question are those decisions of the Patent Trial and Appeal Board to deny or grant petitions to institute…
On August 2, 2023, the National Labor Relations Board (“NLRB”) issued a decision in Stericycle, Inc., in which they adopted new rules for evaluating whether the policies related to employee conduct in employee handbooks violate the National Labor Relations Act (“NLRA”). According to Stericyle, Inc., an employer’s policy or rule…
By: Weintraub Tobin Summer Associate Josh Concepcion The Ninth Circuit recently revisited the issue of “embedding” content by a website and its implication for copyright infringement claims. On July 17, 2023, the Ninth Circuit issued its opinion in Hunley v. Instagram, LLC, and affirmed the trial court’s ruling that Instagram,…
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…
In our practices, we are seeing an increasing number of denials or de facto denials of Medi-Cal provider enrollments. The consequences of a Medi-Cal enrollment denial can be quite serious. First, a provider may not receive reimbursement for services provided to Medi-Cal beneficiaries when it is not an enrolled provider. Second, it takes…
In Buergofol GmbH v. Omega Liner Company, Inc., 4-22-cv-04112 (DSD Jul. 13, 2023) (Karen E. Schreier), the court granted the defendant’s motion to compel and awarded monetary sanctions after the plaintiff failed to respond at all to discovery requests that the plaintiff had objected to as overbroad because the court…
Yesterday, the California Supreme Court, in Adolph v. Uber Technologies, Inc., addressed the United States Supreme Court’s decision in Viking River Cruises, Inc. v. Moriana, 142 S.Ct. 1906 (2022). The much-anticipated Adolph decision, addresses the question of whether an “aggrieved employee,” who has been compelled to arbitrate individual PAGA claims (i.e.…
Every spring, usually on the first weekend of good weather, I rush to the local nursery and spend what feels like a week’s worth of wages on new plants, soil, fertilizer, and irrigation lines. I can’t wait to get the seedlings in the dirt, connect the water, and watch the home-grown,…
