December 18, 2023 Roundup of 2023 Entertainment Law Cases: Analysis SAG/AFTRA and WGA contracts, No Parody of Iconic Sneaker, AI Copyright Highlights China vs US law; SCOTUS Bad Spaniel and Warhol/Prince.

In Episode 163 of the Entertainment Law Update Podcast, film lawyer Gordon Firemark and music lawyer Tamera Bennett discuss the latest on the Hall and Oates Partnership Sale – or freeze thereof; legislation pending and passed to limit lyrics as evidence in criminal cases; and analysis of the new SAG/AFTRA and WGA contracts post-strike(s). They give a solid update and wrap-up the 2023 artificial intelligence cases (AI) including: Disney asking Microsoft to curtail AI tools to prevent alleged trademark infringement, a motion to dismiss in the Kadrey AI training data case, a comparison of a Chinese copyright AI ruling where no human authorship is required vs the “Zarya of the Dawn” U.S. Copyright decision, and the pros and cons of lawyers using AI in their practice.

Some 2023 predictions were on point as Gordon and Tamera recap the U.S. Supreme court (SCOTUS) rulings in Warhol Foundation v. Goldstein on copyright fair use (Prince), and the Jack Daniel’s Properties, Inc. v. VIP Products LLC on trademark fair use – and the application of the Second Circuit’s seminal 1989 decision in Rogers v. Grimaldi (Bad Spaniels). And Tamera’s 2023 prediction that NFTs would be a hot legal topic, did not exactly pan out. In October 2023 a decision of copyright infringement was reached in Yuga Labs Inc v. Ripps over the Bored Ape NFTs.

2024 entertainment law predictions include governments around the world wrestling with AI regulations; AI and its use and protection by content creators and users; changes to, or the application of, Section 230 of the 1996 Communications Decency Act; free speech and social media regulations by states; and the wild west of NIL, the NCAA, and student athletes being treated as employees.

More info at

https://www.jdsupra.com/legalnews/roundup-of-2023-entertainment-law-cases-89904/