Parody, Pastiche & Problematic Plaintiffs – Entertainment Law Update – Episode 191
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In this episode of Entertainment Law Update, Gordon Firemark and Tamera Bennett break down major developments in entertainment, media, copyright, trademark, and AI law — including The Onion’s attempt to take over Infowars, new fair use rulings, Taylor Swift’s anti-deepfake trademark strategy, and whether U.S. copyright law itself may need a major rewrite.
We also cover important developments involving Frida Kahlo trademarks, the Jimi Hendrix catalog dispute, the Moana litigation sanctions order, the evolving Rogers test, and a 25-year European sampling battle finally resolved under EU “pastiche” law.
Stories Discussed
The Onion’s Attempt to Take Over Infowars
The Onion reaches a deal to take operational control of Alex Jones’ Infowars brand through a Texas receivership structure tied to the Sandy Hook defamation judgments. The discussion explores:
- bankruptcy and receivership procedure,
- ownership of controversial media brands,
- parody and First Amendment protections,
- trademark and false endorsement issues,
- and whether civil litigation can effectively “de-platform” a media personality.
Source:
https://www.npr.org/2026/04/20/nx-s1-5791726/the-onion-satirical-takeover-infowars-new-plan
Richardson v. Townsquare Media — Reposting Entire Videos May Not Be Fair Use
The Second Circuit revives copyright claims involving XXL magazine’s use of viral videos and screenshots in news reporting.
Topics include:
- transformative use after Warhol v. Goldsmith,
- whether embedding YouTube videos is licensed,
- de minimis copying,
- and why reposting an entire video can still create infringement exposure.
Case:
https://law.justia.com/cases/federal/appellate-courts/ca2/25-291/25-291-2026-04-23.html
Taylor Swift Uses Trademark Law to Fight AI Deepfakes
Taylor Swift files trademark applications covering phrases associated with her voice and image in an effort to combat AI-generated impersonations and deepfakes.
Sources:
https://www.billboard.com/pro/taylor-swift-files-to-trademark-her-voice-and-image/
https://www.cnet.com/news/taylor-swift-trademarks-her-voice-and-image-to-counter-ai/
Frida Kahlo Trademark Dispute — Cease & Desist Letters Can Create Jurisdiction
The Eleventh Circuit revives a trademark and tortious interference lawsuit involving Frida Kahlo intellectual property rights.
The court held that allegedly tortious cease-and-desist letters sent into Florida created sufficient minimum contacts for personal jurisdiction.
Case:
https://law.justia.com/cases/federal/appellate-courts/ca11/24-10293/24-10293-2026-04-17.html
Jimi Hendrix Bandmates’ Estates Lose UK Copyright Battle
The estates of Noel Redding and Mitch Mitchell lose a major UK High Court battle against Sony over ownership rights in classic Hendrix recordings.
The ruling highlights major differences between U.S. termination rights and UK copyright law.
Sources:
https://www.independent.co.uk/arts-entertainment/music/news/jimi-hendrix-high-court-copyright-b2966526.html
https://www.musicbusinessworldwide.com/jimi-hendrix-bandmates-estates-lose-uk-court-battle-against-record-label
https://www.theguardian.com/music/2026/apr/28/jimi-hendrix-bandmates-estates-lose-court-case-against-record-label
Tiger King and the Continuing Fair Use Confusion
A discussion of ongoing uncertainty in fair use law and how recent cases continue to produce inconsistent outcomes.
Source:
https://www.plagiarismtoday.com/2026/05/14/tiger-king-and-the-unpredictability-of-fair-use/
Annie Leibovitz / Star Wars Photo Dispute
The Eleventh Circuit addresses copyright issues involving iconic Annie Leibovitz photography and alleged infringement by Consequence Sound.
Cases & Articles:
https://law.justia.com/cases/federal/appellate-courts/ca11/24-12482/24-12482-2026-05-05.html
https://vitallaw.com
Perlmutter Tells Congress: Copyright Law May Need a Rewrite
U.S. Copyright Office Director Shira Perlmutter tells Congress that modern copyright law may no longer adequately address AI, digital platforms, streaming, and secondary liability after the Cox Communications ruling.
Topics include:
- AI training and fair use,
- human authorship requirements,
- the NO FAKES Act,
- deepfakes,
- and whether the U.S. needs a “new DMCA.”
Source:
https://www.plagiarismtoday.com/2026/05/14/is-it-time-to-rewrite-us-copyright-law/
Pepperdine v. Netflix — “Of” vs. “Or” in the Rogers Test
A single-word typo in a federal court order may have dramatically altered the application of the Rogers v. Grimaldi First Amendment test in trademark law.
The discussion explores:
- false endorsement claims,
- trademark use in expressive works,
- and why the wording change could matter far beyond this case.
Moana Lawsuit Backfires — Plaintiff and Counsel Sanctioned
Following Disney’s victory in the Moana copyright case, the court imposed sanctions after finding that key evidence had been falsified and time-barred claims were pursued without adequate investigation.
Topics include:
- forged documents,
- litigation misconduct,
- statutes of limitation,
- and attorney sanctions under federal law.
Sources:
https://www.courthousenews.com/wp-content/uploads/2026/05/woodall-vs-disney-sanctions.pdf
https://www.courthousenews.com/disney-wins-attorney-fees-over-moana-lawsuit/
25-Year Kraftwerk Sampling Lawsuit Finally Nears End
One of the longest-running copyright disputes in music history may finally conclude after the ECJ rules that certain music sampling may qualify as protected “pastiche” under EU law.
The discussion covers:
- Kraftwerk v. Moses Pelham,
- recognizable sampling,
- EU copyright exceptions,
- and how European law differs from U.S. fair use doctrine.
Source:
https://www.plagiarismtoday.com/2026/04/20/a-25-year-fight-over-a-2-second-sample/
Hosts
Gordon Firemark
Entertainment, media, and business attorney
https://firemark.com
Tamera Bennett
Trademark and intellectual property attorney
https://tbennettlaw.com
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Special Thanks
Managing Editor: Jon Janacek
Contributors: Charles Thorn, Alexis Allen, Lauren Malone, Anna Hizon
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