AI Copyright Legal Update, More from Ed Sheeran Case, Shelby Copyright Litigation
The latest Entertainment Law Update Podcast with entertainment law attorneys Tamera Bennett and Gordon Firemark covers the biggest headlines in copyright, trademark, and entertainment law.
New USPTO Security Measures for TEAS Forms
Link: USPTO
On May 15, 2025, the USPTO introduced new security measures for certain TEAS forms to combat fraudulent filings, requiring additional authorization for some users based on their USPTO.gov account information. Users needing additional authorization must request permission from contact email addresses on record, with recipients having 48 hours to approve or deny requests. This system creates potential problems for trademark applicants whose prior counsel are unavailable or in conflict, potentially causing missed deadlines and procedural complications.
U.S. Copyright Office Launches New Public Records System
Link: USCO
The Northern District of Georgia granted the Trump Campaign’s motion to dismiss false endorsement and right of publicity claims while denying the motion as to copyright infringement. Plaintiff, the family of Isaac Hayes, alleged unauthorized public performance by Mr. Trump’s campaign of "Hold On, I'm Comin.'" Hayes’ Estate had exercising opt-out rights under its public performance rights organization’s political licensing program. The court rejected the Lanham Act claim, finding no plausible allegation that use of the musical composition implied endorsement without additional association with the Hayes’ name or likeness.
Carroll Shelby Licensing v. Halicki - "Eleanor" Mustang Copyright Decision
Carroll Shelby Licensing, Inc. v. Halicki, No. 23-3731 (9th Cir. 2025) Links: Justia Legal Documents
The Supreme Court will determine whether copyright claims accrue under the discovery rule or the injury rule for purposes of the three-year statute of limitations under 17 U.S.C. § 507(b). The Second Circuit reversed dismissal of a photographer's infringement action filed four years after alleged unauthorized use, applying the discovery rule. Petitioner argues the Copyright Act contains no textual support for the discovery rule and that claims should accrue when the infringement occurs, regardless of plaintiff's knowledge.
Disney and Universal Sue Midjourney Over AI Copyright
Disney Enterprises, Inc. v. Midjouney, Inc., No. 25-5275 (CD. Cal., June 6, 2025) Link: Complaint
Disney and NBCUniversal filed a comprehensive 110-page complaint against AI company Midjourney, alleging copyright infringement and secondary copyright infringement for the unauthorized creation of content featuring protected characters including Universal's Minions and Disney's Baby Yoda (Din Grogu). The lawsuit includes visual evidence with side-by-side comparisons of Midjourney-generated content and original copyrighted characters, screenshots from Reddit users creating Marvel content, and movie frame comparisons, arguing that Midjourney could implement content blocking measures similar to those it uses for nudity and gore but chooses not to protect copyrighted characters.
Music Industry Licensing Talks with AI Companies
Link: Music Business Worldwide
The three major music companies—Universal Music Group, Warner Music Group, and Sony Music Entertainment—are currently in licensing discussions with AI music platforms Suno and Udio, seeking both licensing fees and modest equity stakes following their June 2024 copyright infringement lawsuits against the companies. These negotiations mirror similar licensing agreements between OpenAI and media organizations such as News Corp., the Associated Press, and Vox Media, while both AI companies face ongoing litigation in the United States and Germany, with Suno additionally facing a copyright case filed by GEMA, Germany's collective rights management organization, in January 2025.
These cases and much more on this Episode of Entertainment Law Update with Tamera Bennett and Gordon Firemark.
