The Briefing: The 2026 Forecast: Resolving Some of the Entertainment Industry’s Open Legal Issues

Описание: As 2025 fades into the rearview mirror, many of the entertainment and media industry’s biggest legal questions remain unresolved. In this episode of The Briefing, Weintraub Tobin partners Scott Hervey and Tara Sattler take a forward-looking approach to the cases and doctrines that could shape 2026.

In this episode, they cover:

The unsettled future of fair use in AI training and copyright infringement
How courts are approaching lawful versus unlawful acquisition of training data
The growing split in AI cases involving market substitution and fair use
The narrowing application of the Rogers Test following the Jack Daniel’s decision
What pending cases could mean for filmmakers, studios, and content creators

This episode offers essential context for anyone navigating intellectual property, AI, or media law in the year ahead.

Tune in for a clear look at the legal issues that could define entertainment and media in 2026.

The Briefing from the IP Law Blog and The IP Law Blog are publications of Weintraub Tobin (www.weintraub.com). The Intellectual Property Law Blog provides insight in connection with copyrights, trademarks, patents, trade secrets, false advertising, licensing and promotions, and sweepstakes. The blog’s objective is to serve as a forum to discuss IP strategies that provide protection to businesses’ or persons’ intangible assets. The blog is for informational purposes only and does not constitute legal advice.