In this episode, we unpack the latest legal developments shaping the entertainment industry, from Mariah Carey’s copyright victory to a major ruling on AI authorship and new challenges for platforms like Roblox. We also explore Duke University’s trademark objection to The White Lotus, the ongoing battle over Superman rights, and key updates in the AI copyright litigation landscape.
Listen now at: https://entertainmentlawupdate.com/179
or Watch on YouTube: https://youtu.be/lTm5uZiFzzs
Artificial intelligence has arrived on set—whether we’re ready or not. From scriptwriting and voice cloning to visual effects and even casting, AI is no longer just a future-facing buzzword. It’s here, and it’s changing the game for filmmakers, especially in the documentary and independent film world, but also in podcasting, digital video, and throughout the media and entertainment fields.
But with innovation comes legal and ethical complexity. And if you’re not keeping pace, you may be exposing your production (and yourself) to serious risk.
Here’s what smart creators need to know:
Whether it’s a reenactment with a digitally aged actor, a voice generated by AI, or a “synthetic” character modeled after a real person—this raises red flags.
You could be violating right of publicity laws, treading on defamation territory, or facing ethical backlash. Consent and clear licensing are non-negotiables here, especially if your subject is a public figure or, worse, a private individual.
Using AI to clean up poor audio or generate missing footage might sound like magic. But in the documentary world (including the true-crime podcasting genre), authenticity is everything.
If your use of AI misrepresents someone’s words, tone, or intent—even subtly—you could be facing a claim of false light or misrepresentation. Be transparent. Better yet, be explicit in your guest releases and appearance consents.
This is the copyright question of the decade. If your AI-generated b-roll, script, or even music cue was created with the help of a tool trained on copyrighted works, who really owns it?
Courts are still figuring that out, but recently, the US Copyright Office and the Courts have concluded that works created by AI are NOT entitled to protection, and therefore can't be owned by anyone. That opens up loopholes for infringers to leap through.
As litigation over AI tools continues, there are more questions than answers. So, until there's greater clarity, it's wise to treat AI tools with caution—read the terms of service, keep human authorship involved, and consult your lawyer before commercial release.
Most production agreements, contributor releases, and crew contracts weren’t drafted with AI in mind.
Your contracts need to address:
The bottom line? If it’s not in writing, it’s not protected. Get help from an experienced media and entertainment lawyer to make sure your deal memos, contracts and releases cover things properly.
Some jurisdictions are already proposing legislation that would require disclosure when AI has been used in media production. Platforms like YouTube and its brethren, have already begun requiring disclosures for AI generated material.
So, it's wise to include appropriate messages to let your viewers and listeners know about your use of AI. Even if disclosure isn’t mandatory yet, audiences (and platforms) are demanding more transparency. Don’t let a lack of disclosure damage your project's credibility—or its distribution potential.
AI is not the enemy—but blind use of it can be. As filmmakers, your job is to tell compelling, truthful stories. My job is to help you do that legally and ethically, without stepping on any landmines.
Need help updating your contracts or reviewing your project for legal exposure? Let’s talk. The best time to get your legal house in order is before the cameras roll—or the lawsuit does.
If you're a content creator, whether as a podcaster, YouTuber, course creator, or social media influencer, you already know you're in the business of creating stuff. But here’s what you might not have fully grasped: you're also in the business of owning stuff. And that stuff—your intellectual property—isn’t just your art. It’s your assets. Your inventory. Your business’s gold mine.
Time and again, I see talented creators doing the hard work of building, publishing, and growing without ever taking stock of what they actually own. That’s why today I want to talk about one of the most overlooked (and valuable) business practices for creatives:
Creating and maintaining an Asset Inventory.
An asset inventory is a living document (ideally, part spreadsheet, part system) that tracks all of your intellectual property, contracts, revenue-generating products, and business assets. Think of it like a digital and physical warehouse catalog.
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A March 18, 2025 court ruling has provided important clarity on the growing conversation about artificial intelligence and copyright law. In Thaler v. Perlmutter, the D.C. Circuit Court addressed a question that’s becoming increasingly relevant for content creators: Can a work created solely by an AI system qualify for copyright protection? The Case Stephen Thaler… Continue Reading
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As a creative entrepreneur, you thrive on bringing ideas to life—whether through content creation, design, music, filmmaking, or coaching. But while creativity fuels your business, contracts protect it. Without the right agreements in place, you risk unpaid work, intellectual property disputes, or even losing control of your own creations. The good news? A few essential… Continue Reading
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