The Domino Effect of Delayed Legal Decisions

The Domino Effect of Delayed Legal Decisions

“It’s just a quick launch.”
“I’ll circle back to the legal stuff later.”
“I’ve got a great name — I’ll file the trademark after I build an audience.”

If you’ve ever said anything like this, you’re not alone.

But there’s a domino effect that kicks in when you treat legal as a later task. And once it starts falling, it’s hard (and expensive) to stop.

  • The Seemingly Harmless Start:
    A creator launches a podcast, course, or product with a name they like. They skip the legal checks because it feels premature or “not worth the lawyer fees.”
  • The Invisible Risk:
    The name is already taken, or the trademark filing is flawed. Contracts are vague or nonexistent. They’re exposed, but don’t know it.
  • The First Domino Falls:
    They get a refusal from the trademark office. Or worse, a cease-and-desist from someone else who did file first.
  • The Cost of Cleanup:
    Rebranding. Legal fights. Missed opportunities. And emotional burnout from realizing it could’ve been avoided.
  • The Fix:
    Legal isn’t just protection — it’s positioning. It shows you’re serious, professional, and ready to scale.
    A strong legal foundation opens doors to licensing, partnerships, and high-value deals.

Conclusion

You don’t need to be a lawyer. You just need a better first move.

Need advice? Ready to get a few things squared away? Schedule a consultation

Entertainment Law Update Episode 179 Now Available

ENTERTAINMENT LAW UPDATE CO-HOSTS

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

AI, Ethics & the Law: What Creators Must Know in 2025

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:


1. Using AI to Recreate Real People? Proceed with Caution

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.


2. AI-Assisted Editing and Audio Cleanup Can Backfire

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.


3. Who Owns the AI-Generated Content?

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.


4. Update Your Contracts—Yesterday

Most production agreements, contributor releases, and crew contracts weren’t drafted with AI in mind.

Your contracts need to address:

  • Whether and how AI can be used on the project
  • What rights are granted (and retained) if AI modifies a contributor’s work
  • What limitations exist on reuse of their image, voice, or performance via AI

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.


5. Transparency Isn’t Just Ethical—It May Soon Be the Law

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.


Conclusion (for now)

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.

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Why Creatives Need a Fractional General Counsel—An Entertainment Lawyer Before the Deal (or Disaster) Hits

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AI and Copyright Law: What Creators Need to Know

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Entertainment Law Update Participates in #Podcasthon – Celebrating Musicares.org

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Spring Cleaning for Your Creative Business: A Legal Checklist

Spring Cleaning for Your Creative Business: A Legal Checklist

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Brand Deals and Legal Traps: Protect Your Rights, Reputation, and Revenue

Brand deals can be a game-changer for content creators, influencers, and entertainers. A well-structured partnership can provide a steady revenue stream, increase credibility, and expand your reach. But while brand deals can be lucrative, they can also be legal minefields if you are not careful. A poorly negotiated contract could lock you into a bad… Continue Reading

How to Legally Protect Your Image, Performance, and Influence from Exploitation

Introduction In today’s digital world, your image, name, and likeness are more valuable than ever. Whether you are a content creator, influencer, performer, or entrepreneur, your personal brand is an asset—one that can generate income and influence. But what happens when someone uses your photo in an ad without permission? Or when an AI tool… Continue Reading

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