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.

Why Every Content Creator Needs an Asset Inventory (And a System to Keep It Updated)

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.


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

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

Let me ask you something.

When was the last time you brought in a lawyer before a deal got complicated?

Or before your collaborator went rogue?

Or before your inbox lit up with a scary-looking cease-and-desist?

If you’re like most creators, your answer is probably: “Well… never.”

And look, I get it. Creative entrepreneurs—podcasters, filmmakers, musicians, influencers, and digital creators—are wired for making, not for managing risk. You’re building something exciting, and the last thing you want is a lawyer slowing things down with red tape, big invoices, and worst-case scenarios.

But what if I told you that the smartest move you can make for your creative career is to bring in legal help before things get messy?

That’s where the idea of a fractional General Counsel comes in.

What’s a Fractional General Counsel, Anyway?

A fractional General Counsel (or “fractional GC” for short) is a lawyer who serves as your go-to legal advisor—not full-time, not on retainer for everything under the sun—but as a part-time, on-call member of your business team.

Think of it like having an experienced entertainment lawyer in your corner, available when you need strategic advice, contract reviews, deal negotiation support, or guidance on rights, royalties, licensing, and IP.

It’s like hiring a world-class lawyer by the slice, instead of the whole pie.

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AI and Copyright Law: What Creators Need to Know

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

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

Listen to the audio podcast version: https://entertainmentlawupdate.com/178 In this month’s special episode of Entertainment Law Update, Co-host Tamera Bennett and I proudly participate in #Podcasthon to spotlight MusiCares, an organization dedicated to supporting music professionals in times of need. Our special guest, Theresa Wolters, Vice President of Health and Human Services at MusiCares, shares insights… Continue Reading

Spring Cleaning for Your Creative Business: A Legal Checklist

Spring Cleaning for Your Creative Business: A Legal Checklist

Spring is here! As the flowers bloom and the air freshens, it’s not just your home that could use a little tidying up — your creative business could benefit from some spring cleaning too. Whether you’re a filmmaker, podcaster, theatre professional, or digital entrepreneur, staying on top of your legal affairs is essential to maintaining… Continue Reading

5 Essential Contracts Every Creative-Driven Business Must Have

5 Essential Contracts Every Creative-Driven Business Must Have

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

AI Copyright Gets Cheesy, Podcasters Win Fair Use, and Spotify Dodges Royalties — Episode 177 of Entertainment Law Update:

Our latest episode is now live over at EntetainmentLawUpdate.com/177 This episode dives into the latest legal battles shaping the entertainment industry. We explore how an AI-generated artwork—featuring none other than a slice of American cheese—became the first of its kind to receive copyright protection. Meanwhile, podcasters scored a major fair use victory at the Copyright… Continue Reading

Entertainment Law 101: Why Every Creative Professional Needs Legal Backup

The Harsh Truth: No Matter How Talented You Are, Creativity Alone Won’t Protect You You pour your heart and soul into your work. Whether you’re a filmmaker, musician, screenwriter, or content creator, your art is your passion—and your livelihood. But here’s the harsh reality: the entertainment industry isn’t just about talent. It’s a business. And… Continue Reading

Podcast Guest Release Contracts: Protecting Podcasters and Guests Alike

Podcasting has become a powerful medium for storytelling, education, and entertainment. Whether you’re hosting an interview-based show or featuring occasional guests, having a Podcast Guest Release Agreement is essential. This legal document ensures clarity between podcasters and their guests, protecting both parties and allowing the content to be used as intended without legal complications. What… Continue Reading

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