Trade Secrets, Triggers & Takedowns - Enterrtainment Law Update Episode 185

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Welcome to Entertainment Law Update, your monthly rundown of the most important legal developments in the entertainment, media, and technology industries.

This episode is a roundup of some of the biggest recent developments at the intersection of entertainment law, copyright, trademarks, and AI. From billion-dollar settlements to parody protection and music licensing shakeups, here’s what you need to know.

FOLLOW-UP: Price v. Garland (Barr)

Independent filmmaker Gordon Price’s First Amendment challenge to the National Park Service’s filming permit requirements led to the EXPLORE Act, now law, which exempts small film crews from federal permit fees and creates a “de minimis use authorization.”
Links:
Trailer: https://youtu.be/RXgeqwIBhDI
Full Documentary: https://flixhouse.com/video/6001/the-explore-act–price-vs-barr

ANTHROPIC SETTLEMENT APPROVED

A federal court approved Anthropic’s $1.5 billion copyright-infringement settlement—the largest in U.S. history. Authors receive only $3,000 per work, sparking criticism and raising questions about AI liability and potential criminal implications.
Links:
https://kipcurriercopyright.blogspot.com/2025/09/judge-approves-15-billion-copyright.html
https://kipcurriercopyright.blogspot.com/2025/09/screw-money-anthropics-15b-copyright.html
https://musictechpolicy.com/2025/09/23/theft-is-theft-the-bartz-settlement-falls-apart-with-hiding-the-works-list/
https://www.musicbusinessworldwide.com/anthropic-must-face-music-publishers-copyright-claims-after-judge-denies-dismissal-motion/#:~:text=US%20District%20Judge%20Eumi%20Lee,Claude%20chatbot%20generate%20copyrighted%20lyrics

THALER ASKS SUPREME COURT TO REVIEW A.I. COPYRIGHT ELIGIBILITY

Stephen Thaler petitions the U.S. Supreme Court to recognize copyright protection for AI-generated works, arguing that excluding AI authorship “defies constitutional goals.” Lower courts have consistently upheld the human-authorship requirement.
Links:
https://www.reuters.com/legal/government/us-supreme-court-asked-hear-dispute-over-copyrights-ai-creations-2025-10-10/#:~:text=Oct%2010%20%28Reuters%29%20,law
https://www.reuters.com/legal/us-supreme-court-rejects-computer-scientists-lawsuit-over-ai-generated-2023-04-24/
https://ipwatchdog.com/wp-content/uploads/2025/10/Thaler-v-Perlmutter-Petition-1.pdf

ANOTHER ATTORNEY SANCTIONED FOR AI HALLUCINATIONS

In Noland v. Land of the Free, L.P. (Cal. Ct. App. 2025), a lawyer was fined $10,000 for citing fake, AI-generated cases. The court’s opinion warns attorneys to verify every citation personally before filing.
Link:
https://www.jdsupra.com/legalnews/attorney-sanctioned-10-000-for-citing-5495033/?origin=CEG&utm_source=CEG&utm_medium=email&utm_campaign=CustomEmailDigest&utm_term=jds-article&utm_content=article-link

ASCAP, BMI, AND SOCAN ALLOW REGISTRATION OF PARTIALLY AI-CREATED WORKS

Major North American PROs now accept songs partially generated by AI, provided they include significant human authorship. Entirely AI-generated works remain ineligible.
Links:
https://www.bmi.com/news/entry/ascap-bmi-and-socan-announce-alignment-on-ai-registration-policies
https://www.ascap.com/ai#faq
https://www.bmi.com/specials/bmi-and-ai

GIBSON V. ARMADILLO TRIAL CONCLUDES

Gibson largely prevailed in its long-running dispute over guitar-shape trademarks, winning findings of intentional infringement—but only nominal damages—later supplemented with profit disgorgement.
Link:
https://www.jdsupra.com/legalnews/gibson-inc-v-armadillo-distribution-4499893/?origin=CEG&utm_source=CEG&utm_medium=email&utm_campaign=CustomEmailDigest&utm_term=jds-article&utm_content=article-link

NIRVANA CASE DISMISSED – STILL NOT CHILD PORNOGRAPHY

A federal judge dismissed, with prejudice, Spencer Elden’s revived lawsuit over Nirvana’s Nevermind album cover, ruling the image is not child pornography and noting Elden’s own public embrace of it.
Links:
https://www.billboard.com/pro/nirvana-nevermind-album-cover-lawsuit-naked-baby-dismissed/
https://www.digitalmusicnews.com/2025/10/01/spencer-elden-nevermind-lawsuit-tossed/

ALEX JONES DENIED CERT BY SUPREME COURT

The Supreme Court refused to hear Alex Jones’s appeal of the $1.4 billion Sandy Hook defamation verdict, leaving the massive judgment intact.
Links:
https://www.nytimes.com/2025/10/14/us/politics/supreme-court-alex-jones-defamation.html?campaign_id=57&emc=edit_ne_20251014&instance_id=164436&nl=the-evening&regi_id=85316548&segment_id=207908&user_id=885a18870f8bf4a3d3735fdae348b861
https://www.scotusblog.com/2025/10/alex-jones-goes-to-the-supreme-court/

DRAKE LOSES “JUST LIKE US” LITIGATION AGAINST UMG

Drake’s defamation suit over Kendrick Lamar’s Not Like Us was dismissed. The court found UMG’s statements were protected and non-defamatory.
Link:
https://www.hollywoodreporter.com/music/music-industry-news/drake-umg-not-like-us-lawsuit-dismissed-1236397232/?utm_medium=email&utm_source=exacttarget&utm_campaign=Today+In+Entertainment+October+10+2025&utm_content=639322_10-10-2025&utm_id=639322

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Website: https://entertainmentlawupdate.com
Email: entertainmentlawupdate@gmail.com
Hosted by Gordon Firemark (https://firemark.com) and Tamera Bennett, with managing editor Jon Janacek and contributors Charles Thorn, Alexis Allen, Yuming (Violet) Zhang, and Dawson Holder.

Until next time — that’s showbiz!

Trade Secrets, Triggers & Takedowns – Enterrtainment Law Update Episode 185