Reel Talk Ep. 7: Copyright Fair Use, AI Deepfakes and Creative Rights...Oh My!

In the latest episode of “Reel Talk: Inside the Business of Entertainment,” Anne Kennedy McGuire, deputy chair of the firm's Entertainment practice and chair of the Podcast industry group, sits down with Litigation partner Tal Dickstein for a discussion on the intricate world of intellectual property and entertainment litigation. Their conversation touches on the dynamic legal challenges brought on by AI and deepfakes, impacting content creators and distributors alike. Drawing on his practice, Tal discusses copyright infringement issues, the evolving boundaries of fair use, the impact of the Supreme Court's Andy Warhol decision and the challenges associated with AI-generated content. He highlights the complexities of navigating documentary and defamation risks, as well as evolving laws governing digital replicas and publicity rights, particularly as celebrities seek contractual protections against unauthorized AI use.

Anne and Tal also explore emerging litigation trends surrounding AI's role in content creation and copyright law, including the proposed NO FAKES Act and ongoing questions about the copyrightability and ownership of AI-generated works, offering an outlook on how the legal landscape may shift. This episode provides an insider's perspective for anyone interested in understanding the legal frameworks that safeguard creative works in our digital world.