The Briefing: The 2026 Forecast: Resolving Some of the Entertainment Industry’s Open Legal Issues

Weintraub Tobin
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As 2025 fades into the rearview mirror, many of the entertainment and media industry’s biggest legal questions remain unresolved. In this episode of The Briefing, Weintraub Tobin partners Scott Hervey and Tara Sattler take a forward-looking approach to the cases and doctrines that could shape 2026.

In this episode, they cover:

- The unsettled future of fair use in AI training and copyright infringement

- How courts are approaching lawful versus unlawful See more +

As 2025 fades into the rearview mirror, many of the entertainment and media industry’s biggest legal questions remain unresolved. In this episode of The Briefing, Weintraub Tobin partners Scott Hervey and Tara Sattler take a forward-looking approach to the cases and doctrines that could shape 2026.

In this episode, they cover:

- The unsettled future of fair use in AI training and copyright infringement

- How courts are approaching lawful versus unlawful acquisition of training data

- The growing split in AI cases involving market substitution and fair use

- The narrowing application of the Rogers Test following the Jack Daniel’s decision

- What pending cases could mean for filmmakers, studios, and content creators

This episode offers essential context for anyone navigating intellectual property, AI, or media law in the year ahead.

Tune in for a clear look at the legal issues that could define entertainment and media in 2026. See less -

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations. Attorney Advertising.

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