The entertainment industry has undergone a transformation 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: “I believe 2023 will be the year we continue and strengthen our advocacy for music artists, especially songwriters. They see major global corporations posting billions of dollars in profits, but not personally earning a living wage. , please find out more.”
Chris Chatham on content: “There’s been a lot of press about how our industry will contract in 2023. It could work very well, but I’m not seeing it right now. Sure, getting the green light takes time, but streamers and studios are willing to pay for quality content, premium IP, and big name talent. Traditional revenue lines won’t go away anytime soon, and new industries like influencers, gamers, talent ventures, and the creator economy will continue to thrive. There will be pressure to go up, but those who are liquid and calculated about risk will be fine.”
Robert Jacobs on the lawsuit:
- Copyright—what should the mouse do?: “Copyright protection for some of Disney’s early Mickey Mouse and other iconic characters will end (although the risks remain for those who seek to exploit such public domain works). But , even though such early characters are in the public domain, everyone is free to use them, given that other potential safeguards are available, including those afforded by trademark law. It doesn’t necessarily mean that you can use it.”
- AI growth, real legal risks: “Generative AI platforms will come under increasing legal attack from content owners, government regulators and politicians. Raises the complex question of whether it infringes or constitutes a protected variant work, and whether a by-product that may lack human copyright is itself entitled to copyright protection. I promise.”
- Art as NFT: “Will art be subject to securities and consumer protection laws just because it comes in the form of an NFT collection? The stakes on 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. We can expect more legal skirmishes to clarify if and how our IP and NIL rights apply.”
- fair play: “Possibility of strong support for Supreme Court to renew fair use doctrine in next ruling addressing Andy Warhol’s recast of Lynn Goldsmith’s famous portrait of musical icon Prince Whatever the outcome, the ruling addresses the increasing emphasis by certain lower courts on how transformative a derivative work is compared to the original, potentially reducing There is likely to be.”
Artist Monica Tushman: “During the pandemic, artists have rethought, reconnected with their fanbases, seriously considered the profitability of their commerce and the effectiveness of their relationships, and used their time to create vast amounts of content. has tentatively re-emerged with a renewed awareness of their business, their fans, their efforts, and the need to diversify. We look forward to seeing more artists expand their brands, seize the opportunity to grow and diversify, and see more artists taking control of their own empires with pride.”