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We’ll explore the legal issues arising out of the creative industry’s use of artificial intelligence tools in entertainment production. Are there risks in using these tools, and do those depend on whether you’re generating text, images, audio, video, or other content? Can existing copyright and right-of-publicity laws (and would-be regulators) handle the nuance? And what about the First Amendment?

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• Public Comments in Response to Notice of Inquiry

In the Ninth Circuit, it has become increasingly difficult to get copyright infringement cases arising from film and TV productions dismissed due to lack of substantial similarity at the motion to dismiss stage.  Even summary judgments have become more difficult to obtain, and the disparate treatment that judges are according to these cases has serious First Amendment implications.  How did we get here, and what strategies are people using to deal with this issue? Is there a split between federal circuits? Are there other quick ways out of these cases?

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• MLRC/Southwestern 18th Annual Entertainment and Media Law Conference: Hypothetical, Story Treatments, Bench Brief, and Case Summaries

Conference attendees will be able to choose between three moderated breakouts during this block focused on group participation and sharing of ideas among participants.

Music

Using a hypothetical based on recent developments, we’ll discuss how substantial similarity in music is off on its own track (so to speak), AI-generated “sound-alikes” and style copies, joint authorship and remote collaboration in the Zoom era, and other topics of interest to attendees.

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Media Deals

We’ll find our way through the thicket of the interaction between deal-making and documentary production. What issues do you need to consider when negotiating with the subject of the documentary? Can you really not pay the subject of the doc? How do you handle editorial/creative/business approvals if the subject of the doc (or their production company) is executive producing the doc? Can you leverage the social media accounts of the subject in the production and promotion of the doc? Can production standards be both ethical and competitive in this market?  

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 The Public Domain

As more and more high-profile works and characters enter into the public domain each year, we’ll discuss what can and can’t be done with this intellectual property. How do you distinguish between versions of a character? What happens when a character is also a trademark? How important are public domain works for training artificial intelligence? Do works created by artificial intelligence simply enter the public domain upon creation?  

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Erika Lee, Assistant Director, New Media Rights/California Western School of Law

Music

 Media Deals

• Isabel Farhi, A Reporter by Any Other Name: Qualifying for Reporter’s Privilege in the Digital Age, Yale Law (Feb. 2019)

The Public Domain

This session will discuss news coverage of major events (including the Israel-Hamas War, the Ukraine-Russia War, and the upcoming ’24 election), focusing on issues of bias, access and coverage, silos and polarization, disinformation, defamation, and more.

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Moderator George Freeman, MLRC

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Speaker Terry Tang, Interim Executive Editor, Los Angeles Times

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