Entertainment Law Update

News, commentary and analysis of entertainment law stories, cases and controversies from entertainment lawyers Gordon Firemark and Tamera Bennett

When did Copyright become political? 05/28/2025

When did Copyright become political? 🎙️ Entertainment Law Update – Episode 180: “When Did Copyright Become Political?” 🔗 Subscribe & Listen: https://entertainmentlawupdate.com In this eye-opening episode, Gordon Firemark and Tamera Bennett break down recent developments at the complex crossroads of copyright law, politics, and technology. From the Hayes estate’s ongoing lawsuit against Donald Trump to a federal judge questioning Meta’s AI training practices, this month’s roundup covers the most talked-about—and litigated—issues in entertainment law. 📌 Episode Highlights: – Supreme Court Non-Decision: 5 Justices recused in a copyright case involving Penguin House. What does it mean when SCOTUS won’t weigh in? – Isaac Hayes Estate v. Trump: Copyright claim moves forward; false endorsement claims dismissed. – Three Copyright Cases Photographers Should Know: Accrual rules, access via Instagram, and a surprising reversal on fair use. – Sam Smith Lawsuit Resurfaces: “Dancing With a Stranger” case revived—jury to decide substantial similarity. – Scholar Revolt: Top copyright scholars want their names off the ALI Restatement. Why it matters. – Revenge Porn Legislation: The new “Take It Down Act” criminalizes explicit deepfakes and non-consensual content. – AI & Copyright Battles: • Meta's AI training under fire—“I just don’t understand how that can be fair use,” says the judge. • The U.S. Copyright Office’s new (prepublication) report casts doubt on fair use in generative AI. • UK House of Lords rejects copyright exceptions in AI training. Plus, the shocking dismissal of the U.S. Register of Copyrights raises constitutional questions about executive overreach. 👥 Featuring Commentary From: Jon Janacek, Charles Thorn, Alexis Allen, Yuming Zhang, Natasha Spear, Dawson Holder, and Lelwa Maseti. 💬 Got thoughts or questions? Leave us a comment, or visit entertainmentlawupdate.com to leave a voice message. 📩 Email the team: [email protected] 🔗 More from Gordon: https://firemark.com 🧠 Lawyers. Creators. Commentary. Entertainment law—delivered monthly. /episode/index/show/entertainmentlawupdate/id/36756175