Manat Phelps & Phillips LLP
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The entertainment industry has transformed in recent years through the adoption of new technologies, opening up a variety of exciting new creative avenues. Below, we predict what 2023 will bring, from the continued explosion of the creator economy to advances in new technologies such as NFTs and the Metaverse. With more than 45 years of experience helping entertainment industry giants navigate and capitalize on this rapidly changing and converging market, Manatt knows exactly the pulse of innovation.
Manatt Entertainment Lead Jordan Bromley, Entertainment Litigation Lead Robert Jacobs, and partners Chris Chatham and Monika Tashman share their predictions for where things are headed this year.
Music by Jordan Bromley: “We expect 2023 to be a year of continued and heightened advocacy for music artists, especially songwriters. They profit while major global corporations cannot earn a living wage as multi-billion dollar individuals.
Chris Chatham on content: “There’s been a lot of press about how the industry contraction is coming in 2023. It could be very good, but I’m not seeing it right now. Streamers/studios are still spending.” Sure, getting the go-ahead takes time, but streamers and studios are still paying for quality content, premium IP, and big name talent. Traditional revenue lines won’t go away anytime soon. The influencer, gamer, talent venture and creator economy will continue to thrive. All facets of the industry will be under pressure to perform well in 2023. However, those who have liquidity and calculated risk should have no problem.
Robert Jacobs on the lawsuit:
- Copyright—what should the mouse do?:“Copyright protection for some of Disney’s early renditions of Mickey Mouse and other iconic characters is coming to an end (but not for anyone who might attempt to exploit such public domain works. risk remains).Public domain necessarily means that everyone is free to use them, given the availability of other potential safeguards, including those conferred by trademark law It’s nothing.”
- AI growth, real legal risks: “Generative AI platforms will come under increasing legal attack from content owners, government regulators and politicians. It promises to raise the complex question of whether it infringes or constitutes a protected variant work, and the right to copyright protection for the by-product itself, which may lack human copyright. whether there is
- Art as NFT: “Will art be subject to securities and consumer protection laws just because it comes in the form of an NFT collection? It’s one of those big issues: the stakes in the NFT art market and NFTs as a whole just can’t get any higher.”
- Metaverse: “All metaverses will continue to permeate conversations about art and commerce, testing legal boundaries in the near future. As these platforms continue to mature and attract more users, the number of legal skirmishes will increase. We’ll see how traditional IP and NIL rights apply in this brave new world.”
- fair play: “Odds are strong that the Supreme Court will update the fair use doctrine in its next decision addressing Andy Warhol’s recasting of Lynn Goldsmith’s photographic portrait of the famous music icon Prince. Whatever the outcome, the decision is likely to address and potentially curtail — some lower courts are increasingly concerned with how transformative the derivative work is compared to the original. I’ve been focusing.”
Artist Monica Tushman: “During the pandemic, artists have rethought, reconnected with their fan bases, seriously considered the profitability of their commerce and relationship effectiveness, and used their time to create an enormous amount of content. has resurfaced and 2023 will be the year they leverage both creative investments and business acumen.Expect to see the artists expand their brands and seize opportunities With growth and diversification, more and more artists are proudly ruling their empires.”
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