The Pitch newsletter is a monthly update of legal issues and news affecting or related to the music, film and television, fine arts, media, professional athletics, eSports, and gaming industries. The Pitch features a diverse cross-section of published articles, compelling news and stories, and original content curated and/or created by Arnall Golden Gregory LLP’s Entertainment & Sports industry team.
“Art enables us to find ourselves and lose ourselves at the same time.” – Thomas Merton
AGG News
Closing the Loan-Out Loophole: Why Copyright Termination Rights Should Extend to Artist-Owned Companies
The copyright termination right is one of the most important protections congress created for authors. It providers creators a “second bite of the apple,” a rare opportunity to reclaim ownership of their copyrights 35 years after signing away their rights. But there is a problem: this crucial protection disappears the moment an artist uses a loan-out company or LLC for perfectly legitimate business reasons. This gap undermines the very purpose of termination rights and leaves modern creators vulnerable to losing protections their predecessors enjoyed.
(Source: Arnall Golden Gregory LLP, October 28, 2025)
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Industry News
Cinemark Signs 17-Theater Imax Deal in Latest Premium Play
Imax and Cinemark have expanded their partnership with a new 17-theater deal unveiled Monday. The latest agreement will see Cinemark add four new Imax screens with laser projection in the U.S. and look to another potential location with laser for South America. In addition, Cinemark will upgrade another 12 Imax locations with laser projection, and bring on three additional Imax 70mm film projection systems. The move is part of an industry-wide trend where exhibitors respond to the rise of event cinema — with upcoming Hollywood titles this year and next, like Avatar: Fire and Ash, Wicked: for Good, Zootopia 2, The Running Man and Predator: Badlands — by bolstering their premium large-format (PLF) strategy.
(Source: The Hollywood Reporter, October 27, 2025)
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How Shohei Ohtani Made $102 Million in 2025
Shohei Ohtani has been a baseball unicorn since he joined MLB in 2018. Even when he stayed off the mound in 2024, he started a new 50-50 club (home runs and steals) on his way to a third MVP by unanimous vote. Last week, his unique skill set was on display again, with three home runs at the plate and 10 strikeouts over six shutout innings on the mound, clinching the Los Angeles Dodgers’ return to the World Series. For all his baseball talents, Ohtani might be a bigger unicorn off the field.
(Source: Sportico, October 24, 2025)
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Ticketmaster to Ban Multiple Accounts, Shut Down TradeDesk After FTC Lawsuit
In the wake of last month’s Federal Trade Commission lawsuit, Ticketmaster has announced a major policy change, telling lawmakers that the company plans to bar fans and brokers from operating multiple accounts on its platform. Ticketmaster also plans to shut down its long-criticized TradeDesk ticket uploading application and start requiring ticket brokers to hand over their Social Security numbers in order to sell tickets on Ticketmaster’s resale platform. The change is outlined in a detailed, 10-page letter to Senators Marsha Blackburn (R-Tenn.) and Ben Ray Luján (D-N.M.), dated Oct. 17, by Live Nation executive vice president Daniel M. Wall. The letter from the company’s top corporate and regulatory affairs lawyer responds to a congressional inquiry about the Federal Trade Commission’s lawsuit, joined by seven state attorneys general, accusing Ticketmaster and Live Nation of anti-competitive behavior and BOTS Act violations.
(Source: Billboard, October 20, 2025) [Subscription required]
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Workers at Major D.C. Concert Venues Launch Unionization Effort
Workers at Washington D.C.’s major concert venues are working to unionize. Production staff as well as employees in food services, box office and those staffing the door at D.C.’s 9:30 Club, a well-known venue that helped launched the careers of bands including Nirvana and R.E.M, as well as at The Anthem, one of the larger East Coast venues with a capacity of 6,000, The Atlantis and Lincoln Theatre, have asked management at I.M.P. to allow the process to move forward for voluntary recognition of the unionization efforts.
(Source: The Hollywood Reporter, October 20, 2025)
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Jack Nicklaus Awarded $50 Million in Defamation Lawsuit
A Florida jury on Monday awarded Jack Nicklaus $50 million in his defamation lawsuit against Nicklaus Companies, which is owned by billionaire banker Howard Milstein. Nicklaus, 85, filed the lawsuit in response to statements that Milstein and other Nicklaus Companies officials made in a previous lawsuit in a New York court. In the defamation lawsuit, Nicklaus claimed the defendants suggested that he had considered a $750 million deal to become the face of the Saudi Arabian-financed LIV Golf League and disseminated those false claims to media outlets.
(Source: ESPN, October 20, 2025)
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Apple and Formula 1 Ink Five-Year Exclusive U.S. Streaming Deal Worth About $750 Million
After months of negotiations over a rights deal, Apple and Formula 1 have finally waved the checkered flag. Apple and Formula 1 announced a five-year agreement under which all F1 races will be available exclusively on Apple TV in the U.S. beginning in 2026. According to Apple, it will deliver the Formula 1 programming with a “more dynamic and elevated viewing experience,” and both parties expressed optimism that the deal will attract new motorsports fans in America in the years ahead. The company is rebranding the video-streaming service, which launched in 2019 as Apple TV+, to remove the plus sign.
(Source: Variety, October 17, 2025)
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OpenAI’s Sora Adds “Guardrails” for Historical Figures After Fake MLK Videos Spark Backlash
OpenAI is once again walking back its rules for Sora after the estate of civil rights leader Martin Luther King Jr. reached out to the tech giant about videos that users created featuring his likene . The Sora 2 video-generation tool has become a point of alarm in Hollywood over the ease and speed with which users can create content, including with recognizable characters and IP. The company released a joint statement with King Estate, Inc. addressing the concerns, with the tech giant saying that it has “paused generations depicting Dr. King as it strengthens guardrails for historical figures.”
(Source: The Hollywood Reporter, October 17, 2025)
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Spotify to Develop AI Music Products in Partnership With Major Record Labels
UMG, Sony, WMG, Merlin and Believe have all signed on to the endeavor, with Spotify touting artist-friendly policies: "If the music industry doesn’t lead in this moment, AI-powered innovation will happen elsewhere, without rights, consent, or compensation."
(Source: The Hollywood Reporter, October 16, 2025)
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CNN’s Subscription Service to Launch October 28 at $6.99 Per Month
CNN is making another go of it with a subscription service, announcing an Oct. 28 launch for its “all access” service at a price of $6.99 per month. Subscribers will have access to live and on demand content, as well as digital journalism.
(Source: Deadline Hollywood, October 16, 2025)
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Hollywood Turns to K Street as AI Threatens Their Livelihoods
Hollywood’s relationship with Washington is at a crossroads, and its stars are turning to K Street A-listers for cover. Entertainers are no strangers to lending their voices to advocacy fights in Washington. More often than not, those are ad hoc appearances, with studios, unions and industry organizations typically taking the lead.
(Source: Politico, October 15, 2025)
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Messi Sued by Prime Over Ads with Rival Más Hydration
Lionel Messi has made contradictory statements about his involvement in Más+ by Messi hydration drinks, rival company Prime Hydration alleges in a false-advertising complaint filed in Florida against the Inter Miami and Argentina national team superstar and Más+ Next Generation Beverage Company. Prime Hydration, which was founded by a group that includes influencers Logan Paul and Olajide Olayinka Williams Olatunji (aka KSI), contends that Messi has described his role with Más+ in conflicting and unlawful ways to further legal and business interests.
(Source: Yahoo Sports, October 14, 2025)
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‘The Bill Simmons Podcast’ to Run on Netflix as Streamer Strikes Broad Video Deal with Spotify
Netflix is aggressively getting into the video podcasting space after striking a partnership with Spotify. The deal will see over a dozen shows from Spotify, including The Bill Simmons Podcast and The Ringer Fantasy Football Show, launch on Netflix. It is the latest move by the streamer to take content, in this case video podcasts, that exists elsewhere and stream it on its service. It comes after Netflix struck deals with Ms. Rachel and Mark Rober, who both found success on YouTube, to bring their programming to the streamer.
(Source: Deadline Hollywood, October 14, 2025)
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SAG-AFTRA Gets in the Verticals Game
SAG-AFTRA has become the latest Hollywood union to acknowledge the rise of verticals. The performers union stated on Oct 13 that a contract specifically tailored to the booming microdrama format would be forthcoming by the end of the month. This “Verticals Agreement” will cover projects that have budgets of under $300,000, in keeping with the typically small budgets and tight turnarounds of these made-for-mobile titles.
(Source: The Hollywood Reporter, October 13, 2025)
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Spotify Signs New Deal With BMG to ‘Deliver Greater Value to Songwriters’
BMG and Spotify have announced the signing of a new direct licensing agreement. Specifically, this multi-year deal encompasses BMG’s publishing side of the business, and the new agreement with Spotify is said to “deliver greater value to songwriters and their teams,” according to a press release. This is the latest in a series of new deals struck between Spotify and top music companies. Already this year, new Spotify agreements have been struck with Sony Music, Universal Music Group, Warner Music Group, Kobalt and Merlin — most of which have improved songwriter remuneration on the streaming platform.
(Source: Billboard, October 8, 2025) [Subscription required]
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Spotify Teams Up With ChatGPT to Personalize Music and Podcast Recommendations
Spotify has teamed up with OpenAI’s large language model ChatGPT to provide more personalized music and podcast recommendations. Starting Monday (Oct. 6), Spotify Free and Premium users can integrate their account with ChatGPT and prompt the AI chatbot to help them find new songs, artists, albums, playlists or podcast episodes. Importantly, this integration does not mean that Spotify is sharing any of its music, podcasts, lyrics or any other audio or video content on its platform with OpenAI for training purposes. Connecting Spotify to ChatGPT is available on an opt-in basis, and it can be connected or disconnected from the chat service at any time.
(Source: Billboard, October 6, 2025) [Subscription required]
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Motion Picture Association Blasts OpenAI Over Sora 2 Video Copyright Opt-Outs
The Motion Picture Association on Monday called on OpenAI to take “immediate action” to fix the copyright opt-out system on Sora 2, as knockoff videos proliferate online. The MPA issued its first comment on the situation since the release of the video AI model last week, which allows users to create clips using copyrighted characters — and puts the onus on copyright holders to object.
(Source: Variety, October 6, 2025)
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WME to OpenAI: All Our Clients Are Opting Out of Sora 2
Nearly three years after OpenAI kickstarted an arms race with the public debut of its hallucinatory text generator ChatGPT, the Sam Altman-run firm launched a new frenzy with the release of its Sora 2, a video app that allows users to scan their face and place themselves in hyperrealistic clips. But major studio executives and talent agency chiefs have been more preoccupied with how easily Sora is now able to spit out regurgitated intellectual property. Prompts can generate characters and scenes from, say, Bob’s Burgers, SpongeBob SquarePants, Gravity Falls, Pokémon, Grand Theft Auto and Red Dead Redemption, as The Hollywood Reporter has detailed in using OpenAI’s latest tool.
(Source: The Hollywood Reporter, October 5, 2025)
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Tilly Norwood Is “an AI Tool, Not a Performer” Says U.K. Acting Union Equity: “We Are Concerned About Where That Work Has Come From”
SAG-AFTRA said in a statement: “The union is opposed to the replacement of human performers by synthetics. To be clear, ‘Tilly Norwood’ is not an actor, it’s a character generated by a computer program that was trained on the work of countless professional performers — without permission or compensation…. It doesn’t solve any ‘problem’ — it creates the problem of using stolen performances to put actors out of work, jeopardizing performer livelihoods and devaluing human artistry.” Now, executives in charge of the British union Equity have also condemned Van der Velden’s creation, calling into question just how Norwood was built and from what source material she’s derived. “Tilly is not an actress. She is an AI tool. Or it is an AI tool. That’s not a performer,” the company’s audio and new media organizer Shannon Sailing told BBC’s Radio 4 in a clip posted to Equity’s Instagram. “But what that tool is is made up of performers’ work and we are concerned about where that work has come from, and if that’s been given consent to be used in that way.”
(Source: The Hollywood Reporter, October 2, 2025)
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L.A.’s Entertainment Economy Is Looking Like a Disaster Movie
The entertainment industry is in a downward spiral that began when the dual strikes by actors and writers ended in 2023. Work is evaporating, businesses are closing, longtime residents are leaving, and the heart of L.A.’s creative middle class is hanging on by a thread. “This is the first year since 1989 that I haven’t had a show to work on,” said Pixie Wespiser, a 62-year-old production manager and producer who has worked on 36 TV series, including the original “Night Court” and its recent revival. “I look around and I see so many people who are seriously suffering.”
(Source: The Wallstreet Journal, October 2, 2025)
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Nirvana Wins Lawsuit Filed by Naked Baby On ‘Nevermind’ Album Cover
Nirvana has won a court ruling dismissing a lawsuit filed by the man who appeared as a nude baby on the cover of the band’s 1991 album Nevermind. Now in his 30s, Spencer Elden claimed the photo — one of the most iconic album covers in rock history — violated federal child pornography laws by displaying a sexualized image of a minor. But a federal judge ruled plainly on September 30 that it was “not child pornography” – saying the famed image did not even come close to meeting the definition of such illegal content under federal law.
(Source: Billboard, October 1, 2025) [Subscription required]
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OpenAI’s New Video Tool Features User-Generated ‘South Park,’ ‘Dune’ Scenes. Will Studios Sue?
The new version of OpenAI‘s video generator allows users to create content featuring intellectual property owned by studios across Hollywood, an aggressive escalation of the company’s encroachment onto the entertainment industry. Sora returns copyrighted characters and materials from major TV shows and movies, including Rick and Morty, South Park and Dune. OpenAI expected users to generate videos of studio-owned intellectual property, though it blocks content that uses the likenesses of actors and other recognizable faces, according to the company. Copyright owners must opt out of having their content appear. Talks are underway.
(Source: The Hollywood Reporter, October 1, 2025)
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Donald Trump Tries Movie Tariff Saber-Rattling Again
Days before a government shutdown deadline, Donald Trump is raising the vague, if consequential, specter of a “100%” tariff aimed at Hollywood’s feature film development pipeline. “Our movie making business has been stolen from the United States of America, by other Countries,” the President wrote Monday on his Truth Social platform, adding a few digs at California Gov. Gavin Newsom before getting to the point: “I will be imposing a 100% Tariff on any and all movies that are made outside of the United States.” If this sounds familiar, it was just months ago in May that Trump issued what sounded like a bombshell: All movies that would be “made” outside the country would be subject to a tariff. Viewed along with the President’s roll out of his tariffs on dozens of countries, it felt like an ominous move that would throw co-financing, co-production and development into disarray.
(Source: The Hollywood Reporter, September 29, 2025)
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ASCAP, BMI, GMR & SESAC Expand Songview PRO Database
The four major U.S. performing rights organizations (PROs) have announced the expansion of Songview PRO database. This public performance copyright data resource was launched by ASCAP and BMI in 2020. Songview will soon include data on the 38 million songs licensed by four major performing rights organizations. ASCAP, BMI, GMR, and SESAC are the largest PROs in the U.S. Over the coming months, the goal is to provide an authoritative view of public performance copyright ownership and administration shares.
(Source: Hypebot, September 29, 2025)
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Electronic Arts to Go Private in $55 Billion Deal Backed by Saudi Arabia, Silver Lake and Jared Kushner’s Affinity Partners
Video game giant Electronic Arts is set to go private in a $55 billion deal. Confirming earlier reports, the deal — which ranks as the biggest ever leveraged buyout — involves a group of investors including private-equity firms Silver Lake, Saudi Arabia’s Public Investment Fund and Jared Kushner’s Affinity Partners. The total figure is higher than the previous reports of $50 billion, which were based on EA’s current market value.
(Source: Variety, September 29, 2025)
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Legislators to Trump: Consider a Federal Film and TV Tax Credit Instead
You could practically hear Hollywood executives groaning Monday after President Donald Trump mused again about imposing a “100%” tariff on films produced abroad. But at least two local legislators saw an opportunity in Trump’s latest riff. Just hours after the president’s Truth Social post, California Sen. Adam Schiff and U.S. Rep. Laura Friedman released similar statements that attempted to redirect the conversation to their pet project: a federal film and television tax incentive.
(Source: The Hollywood Reporter, September 29, 2025)
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AI Actress Tilly Norwood Debuts at Zurich Summit as Industry Grapples With Emerging Tech: We Want Her ‘to Be the Next Scarlett Johansson’
AI actress Tilly Norwood has attracted the attention of multiple talent agents, actor, comedian and producer Eline Van der Velden told a panel at the Zurich Summit, the industry strand of the Zurich Film Festival. Tilly Norwood is the first creation to emerge from recently launched AI talent studio Xicoia, a spin-off from Van der Velden’s AI production studio Particle6. Van der Velden said that studios were quietly moving forward with AI projects, and that further announcements would come in the next few months.
(Source: Variety, September 28, 2025)
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Neil Young Sued by Chrome Hearts Fashion Brand Over New Band’s Name
Last year, Neil Young began to play shows with a new backing band that he called the Chrome Hearts. Then, in June, Neil Young and the Chrome Hearts—featuring Young, Micah Nelson, Corey McCormick, Anthony Logerfo, and Spooner Oldham—released their debut album, Talkin to the Trees. Now, Young and his bandmates are being sued by the Los Angeles fashion brand Chrome Hearts for trademark infringement. Chrome Hearts LLC filed its complaint in a California federal court on September 11.
(Source: Pitchfork, September 12, 2025)
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Art is making something out of nothing and selling it.
—
Frank Zappa
