"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. Watch this episode on YouTube or listen to the podcast here."
The future of fair use in AI training and copyright infringement remains unsettled, with major cases poised to define lawful model training boundaries. Courts are grappling with distinctions between lawful and unlawful acquisition of training data, affecting permissible inputs for generative models. Litigation shows a growing split over market-substitution claims and fair use defenses in AI contexts. The Rogers Test is narrowing after the Jack Daniel's decision, altering how trademark and expressive works are adjudicated. Pending cases could reshape rights and risks for filmmakers, studios, and content creators, impacting licensing, clearance practices, and production strategies in media and entertainment.
Read at The IP Law Blog
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