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…
We’ve all read the headlines recently. From Big Lots to Joann’s to Express, many retailers which were staples of popular retail centers at the turn of the century have succumbed to the pressures of online shopping, higher interest rates and rising costs, and called it quits (or are significantly reorganizing…
In a recent en banc decision, the Federal Circuit Court of Appeals has overruled its prior test for nonobviousness of design patent inventions, holding that design patents are subject to the same test as utility patents. LKQ Corporation v. GM Global Technology Operations (Federal Circuit, May 21, 224). The prior…
In recent years, California employers have seen legislation requiring that they advise their employees in certain situations about their right to consult with legal counsel. For example, in 2021 Senate Bill 331 (“Silenced No More Act”) amended section 1001 of the California Code of Civil Procedure, as well as the…
On July 1, 2024 Governor Newsom signed SB-92 and AB-2288 into law, which instituted sweeping reforms to California’s Private Attorneys General Act (“PAGA”). PAGA was passed 20 years ago to provide a private mechanism for employees to pursue claims on behalf of the Labor and Workforce Development Agency (“LWDA”) against…
It’s Pride month: rainbow flags are flying, social media avatars are changing, and parade planning is in full swing. In addition to celebrations, California businesses can use this important month to review their practices and policies to ensure an inclusive environment for LGBTQ+ employees. Although creating a supportive work environment…
In October 2023, Governor Newsom signed Senate Bill No. 525 (“SB 525”), which establishes minimum wage schedules for “covered health care employees” depending on the type of facilities in which they work, and raises the minimum wage for many healthcare facilities to $21 per hour. SB 525 would have raised…
On May 10, 2024, the Ninth Circuit decided Yuriria Diaz v. Macys West Stores, Inc. In that case, Diaz brought California Private Attorneys General Act (“PAGA”) claims against her former employer. The district court compelled both Plaintiff’s individual and non-individual PAGA claims to arbitration, reasoning that the arbitration agreement’s broad…
The Downtown Sacramento Partnership (DSP) and the Urban Land Institute (ULI) recently convened a Technical Advisory Panel (TAP) of distinguished third-party analysts from around the country to analyze and recommend growth opportunities for downtown Sacramento. The TAP’s recommendations were made public this month. As a member of ULI Sacramento’s Executive…