United States: Media & Entertainment Law

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Entertainment law, media law and telecoms law thought leadership, articles, podcasts, videos and webinars from expert sources across the legal world. Explore insights covering topics such as advertising, marketing and branding, broadcasting, gaming, hotels and hospitality, publishing, and mobile and cable communications.
Article
Fair Use Or Fair Game? Navigating Copyright In Influencer Culture
As digital influencers increasingly incorporate copyrighted music, video clips, and images into their content, the legal boundaries of fair use have become critically important. This analysis examines the four-factor fair use test and reveals common misconceptions that put content creators at risk of copyright infringement. Understanding these legal principles is essential for influencers who monetize their content through ads, sponsorships, and affiliate links.
United States IP
LD
Lerner David
Article
CONSENT, NOW STARRING HOLLYWOOD: Telecom Wrote This Playbook, Hollywood’s Just Reading It
California and New York have enacted laws requiring disclosure when AI-generated performers appear in advertisements, while SAG-AFTRA negotiated contract language limiting studios' use of synthetic actors. These developments mirror consent and disclosure frameworks that have governed telecommunications and privacy law for years, raising questions about whether opt-out regimes or upfront consent models provide more effective protection.
United States Media & IT
Troutman Amin LLP
Article
The Cost Of Brand Protection: US Trademark Dispute Between Patagonia And Pattie Gonia
When outdoor apparel giant Patagonia sued drag queen and climate activist Pattie Gonia over trademark infringement, the case ignited a firestorm of public backlash that transcended legal boundaries. This dispute examines how trademark enforcement collides with cultural expression in the drag community, where performers traditionally adopt playful names referencing established brands, and explores the delicate balance between protecting intellectual property rights and maintaining brand reputation
United States IP
GW
Gowling WLG
Article
Copyrightability And Infringement: A Look At Responses To Artificial Intelligence
Generative AI is reshaping the entertainment industry, raising critical questions about copyright ownership of AI-generated works, the legality of training models on copyrighted materials, and whether existing laws adequately protect artists. This analysis examines landmark cases like Thaler v. Perlmutter, explores the fair use debate surrounding AI training datasets, and reviews emerging state and federal legislation designed to safeguard creative rights in an AI-driven landscape.
United States IP
HK
Holland & Knight
Article
From Napster To Sampling To AI: Copyright Law’s Role As The Sheriff To Emerging Technology
From digital sampling battles to AI-generated music, copyright law has consistently arrived late to technological disruption in the music industry. This examination traces landmark litigation across sampling, streaming, and artificial intelligence, revealing how rights holders have repeatedly shaped legal frameworks through strategic action rather than waiting for legislative solutions.
United States IP
Aa
Adams and Reese
Article
Foreign Journalists Face New U.S. Visa Time Limits Beginning September 15
Starting September 15, 2026, foreign journalists working in the United States will face a fundamental shift in immigration rules, replacing decades of "duration of status" admissions with fixed periods of no more than 240 days. Media organizations employing foreign correspondents must now develop comprehensive tracking systems and extension protocols to manage what has become a significantly more complex compliance landscape. The new requirements affect both incoming journalists and those already working in
United States Immigration
BS
Ballard Spahr LLP
Article
CIPA In The Digital Age: What Businesses Need To Know About The Variety Media Appeal
This content presents information about cookie usage and data privacy practices, explaining how cookies operate on the website and detailing user options for managing cookie preferences. It outlines the categories of cookies employed, their purposes, and references comprehensive privacy documentation for users seeking detailed information about data handling practices.
United States Privacy
WE
Wilson Elser Moskowitz Edelman & Dicker LLP
Article
What The Copyright Lawsuit Over BTS’s “Swim” Teaches Us About Music Publishing Risk
When a BTS hit single shares its title and core elements with an unreleased demo, the resulting federal copyright lawsuit becomes a critical case study in proving access through digital paper trails, substantial similarity analysis, and supply-chain liability in the modern music industry. The dispute highlights how digital sharing platforms have transformed copyright litigation by generating precise evidence of access, while raising crucial questions about independent creation defenses and the legal respons
United States IP
MG
Marks Gray
Article
The Wild West: The Creator Economy Strikes Gold In Hollywood
The creator economy has evolved from viral videos into a $500 billion industry by 2027, fundamentally reshaping entertainment, advertising, and media. As content creators transition from influencers to filmmakers and brand partners, while traditional studios embrace creator-led content, the legal frameworks governing these relationships must adapt to address complex issues spanning intellectual property, talent representation, data privacy, and regulatory compliance.
United States Media & IT
SM
Sheppard, Mullin, Richter & Hampton LLP
Article
The Pipe, Not The Posts: How Section 230’s Protections Extend To Generative AI Platforms
Section 230 of the Communications Decency Act has long protected online platforms from liability for user-generated content, but the rise of generative AI is testing the boundaries of this immunity. As platforms increasingly deploy AI tools that analyze, transform, and synthesize user content into new outputs, courts are grappling with a fundamental question: when does algorithmic curation cross the line from neutral publication into content creation that falls outside Section 230's protections?
United States Media & IT
CM
Crowell & Moring LLP
Article
A New Framework For AI Permissions In Entertainment: RSL Media’s Human Consent Standard
RSL Media has introduced the Human Consent Standard, a machine-readable protocol allowing individuals to declare whether AI systems may use their creative works, identity, likeness, voice, characters, or marks. While endorsed by major entertainment industry figures and organizations, the voluntary standard's effectiveness depends on pending federal legislation like the NO FAKES Act, voluntary adoption by AI developers, and its ability to withstand contractual pressures that could undermine its protective fu
United States IP
GA
Global Advertising Lawyers Alliance (GALA)
Article
FCC Settles With IHeart Over "Payola" Charges
The Federal Communications Commission has reached a settlement with iHeartMedia over allegations of illegal payola practices, where musical artists performed at station events for free or reduced compensation in exchange for favorable airplay without proper disclosure to listeners. This enforcement action reinforces the FCC's longstanding requirement that broadcasters must disclose when content has been paid for and identify who provided the consideration.
United States Media & IT
GA
Global Advertising Lawyers Alliance (GALA)
Article
An $8 Million Sip: FIFA’s Use Of Hydration Breaks In The World Cup
FIFA's mandatory hydration breaks at the 2026 World Cup have generated an estimated $250 million in U.S. advertising revenue while fundamentally altering game dynamics and competitive balance. The policy, framed as player welfare but creating unprecedented commercial inventory in soccer broadcasting, has sparked debate over whether financial pressures will permanently reshape one of sport's last uninterrupted formats. Coaches now exploit these breaks as tactical timeouts, raising questions about fairness an
Global Media & IT
GW
Gowling WLG
Article
Digital Resurrection: No Simple Legal Script
The use of artificial intelligence to digitally recreate deceased actors for film productions presents complex challenges at the intersection of technology, ethics, and intellectual property law. As this practice becomes increasingly sophisticated and widespread, questions arise about ownership rights, consent, and the legal frameworks needed to govern digital resurrection. The entertainment industry faces an evolving landscape where traditional IP protections may not adequately address these novel scenario
United States IP
DW
Dickinson Wright PLLC
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