Mariah Carey Wins, Superman Loses, and AI Can’t Be an Author
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Welcome to Entertainment Law Update, Episode 179 — our 16th anniversary episode! Since 2009, we’ve been your go-to source for monthly roundups of the most important legal developments in the entertainment industry. In this episode, we dive into the latest in copyright litigation, trademark disputes, AI-generated content, music rights enforcement, and platform liability for user content.
Whether you’re an entertainment attorney, content creator, media executive, or IP enthusiast, this episode will keep you up-to-date on what’s shaping the legal landscape of the entertainment world.
Featured Topics and Cases
1. McGucken v. Valnet – Supreme Court Declines Review of Server Test Case
The Supreme Court denied certiorari in a case that could have clarified the controversial “server test” doctrine in copyright law. The decision lets the Ninth Circuit’s interpretation stand, impacting how embedded media is treated under U.S. copyright law.
- https://www.businesswire.com/news/home/20250429425927/en/Valnet-Inc.-Clinches-Significant-Win-in-Embedding-Case-After-Supreme-Courts-Denial-to-Hear-Appeal
- https://patentlyo.com/patent/2025/04/challenging-server-embedding.html
2. Duke University Challenges HBO’s Use of Trademark in The White Lotus
Duke objects to the depiction of its brand in a negative light in Season 3 of HBO’s The White Lotus. We explore the application of the Rogers v. Grimaldi test and discuss how trademark use in expressive works intersects with First Amendment protections.
- https://www.nytimes.com/2025/03/26/style/white-lotus-duke-crimes-suicide.html
- https://www.tbennettlaw.com/blog/2015/1/5/is-that-fair-use-third-party-trademarks-in-film-print-video-games-and-other-media-llfh4?rq
3. Mariah Carey Wins Summary Judgment in Holiday Hit Copyright Case
Andy Stone’s long-running lawsuit against Mariah Carey over “All I Want for Christmas Is You” has ended in defeat for the plaintiff. We break down how expert evidence shaped the outcome and what it says about music copyright infringement standards.
- https://www.musicbusinessworldwide.com/mariah-carey-wins-copyright-lawsuit-over-all-i-want-for-christmas-is-you/
- https://www.musicbusinessworldwide.com/files/2025/03/Stone-v-Carey-ruling-1.pdf
- https://www.billboard.com/pro/mariah-carey-all-i-want-for-christmas-lawsuit-dismissed-2/
- https://www.rollingstone.com/music/music-news/lawsuit-mariah-carey-all-i-want-for-christmas-is-you-1235300092/
- https://www.bbc.com/news/articles/cjd3deze0r4o
4. Thaler v. Perlmutter – Court Reaffirms Human Authorship Requirement for Copyright
In a major decision affecting artificial intelligence and copyright registration, the D.C. Circuit ruled that non-human entities cannot be considered authors under U.S. copyright law. We discuss the implications for creators using AI tools and how this affects the registration of AI-generated works.
- https://law.justia.com/cases/federal/appellate-courts/cadc/23-5233/23-5233-2025-03-18.html
- https://kipcurriercopyright.blogspot.com/2025/03/dc-circuit-rules-ai-generated-work.html
5. Roblox Faces Potential Liability for Infringing Music Uploads
The Northern District of California ruled that Roblox must face direct and vicarious copyright infringement claims over a user-uploaded recording of “Maple Leaf Rag.” We discuss what this means for online platforms hosting user-generated content.
6. Apple Studios Beats SLAPP Suit from Actor Over COVID-19 Vaccination Policy
In Sexton v. Apple Studios, a California appellate court ruled in favor of Apple under the state’s anti-SLAPP statute, affirming its right to enforce health-related casting decisions.
7. Warner Bros. Prevails in Superman Copyright Reversion Case
The estate of Superman co-creator Joseph Shuster failed in its attempt to reclaim international rights to the character. A federal judge dismissed the claim for lack of subject matter jurisdiction, affirming DC Comics’ continuing control.
AI & Copyright Litigation Roundup
A flurry of high-profile lawsuits is reshaping how courts handle copyright claims involving artificial intelligence. We cover:
UMG v. Anthropic – Injunction Denied Over AI Lyric Training
A federal judge rejected Universal Music Group’s attempt to halt Anthropic’s training practices involving copyrighted lyrics.
New York Times v. OpenAI and Microsoft – Lawsuit Advances
A major copyright infringement suit over generative AI moves forward in federal court.
- https://www.hollywoodreporter.com/business/business-news/court-advances-the-new-york-times-lawsuit-openai-1236173504/
- https://www.axios.com/2025/04/01/nyt-openai-microsoft-lawsuit-advances
Author Lawsuits Consolidated in NY Federal Court
The Judicial Panel on Multidistrict Litigation consolidated twelve author-led copyright suits against OpenAI and Microsoft.
Kadrey v. Meta – DMCA Claim Allowed to Proceed
While some claims were dismissed, Meta must defend allegations that it stripped copyright management information from works used to train its LLaMA models.
Game Developer Perspective – Zach Strebeck’s AI Copyright Analysis
Entertainment and game development attorney Zach Strebeck breaks down the U.S. Copyright Office’s April 2025 AI report.
New Resource: Copyright Registration Toolkit from the U.S. Copyright Office
A new visual guide helps creators understand the copyright registration process from application to enforcement.