SB 22, a sweeping film and television incentive bill that dramatically expands the state’s support for the moving image industry, was officially signed into law by Governor Greg Abbott on June 22, 2025.[1] Following the Texas Senate’s earlier 23–8 vote of approval, the House cleared the bill (originally introduced as SB 1) in late May by a wide margin of 112-26, signaling broad bipartisan support for revitalizing Texas as a national production hub.[2]Continue Reading Texas Rolls Camera on $1.5 Billion Film Incentive Law

The Copyright Act does not expressly address the protection of individual characters in expressive works, but courts have long recognized that certain characters, particularly those with strong visual or narrative identities, may be independently copyrightable. The Ninth Circuit crystallized this principle in DC Comics v. Towle, 802 F.3d 1012 (9th Cir. 2015), where it held that the iconic Batmobile, as depicted in both comics and films featuring the Caped Crusader, qualified as an independently protectable character. Continue Reading When Is a Car a Character? The Ninth Circuit Revisits Copyrightability in Halicki v. Carroll Shelby Licensing

Introduction

The recent decision by U.S. District Judge Karen Marston in MLB Players Inc. v. DraftKings and Bet365[1] represents a pivotal development in the legal landscape surrounding name, image, and likeness (NIL) rights. The ruling explores critical intersections between publicity rights, commercial speech, First Amendment protections, and the legal boundaries of “news reporting.” The implications extend far beyond baseball, potentially affecting companies using athlete or celebrity NIL in commercial marketing across sports betting, digital advertising, and beyond.Continue Reading Redrawing the NIL Playbook: Key Legal Takeaways from MLB Players Inc. v. DraftKings and Bet365

The introduction of Senate Bill 630 and Assembly Bill 1138 aims to provide California with a competitive advantage in its quest to retain and bring back production jobs that are vital to the entertainment industry. The bills were introduced by Senator Ben Allen, Assembly Members, Rick Chavez Zbur, and Isaac Bryan, with a focus on job creation and promise to diversify the types of productions that qualify for California’s Film and Television Tax Credit program. SB 630 and AB 1138 will be referred to respective policy committees over the coming weeks. Governor Gavin Newsom has also unveiled plans to more than double California’s current tax credit cap to provide much-needed relief for the entertainment industry following COVID-19 shutdowns, the strikes, LA wildfires and mass exodus of film and television production from California.Continue Reading Keep California Rolling: New Bills Poised to Revitalize Production (in Hollywood)

Texas has long been a hub for film and television production, offering diverse landscapes, a rich cultural backdrop, and some real characters. Back in 2007 the state implemented the Texas Moving Image Industry Incentive Program, which is administered by the Texas Film Commission under the Economic Development and Tourism Division of the Office of the Governor.[1] Allocations have continued to grow ever since.[2] Starting with $20 million in the first year,[3] it is now the largest in state history at $200 million with a 22.5% tax rebate.[4]Continue Reading Alright, Alright, A Write-Off: Matthew Mcconaughey’s Push for Texas Film Tax Incentives

The U.S. Copyright Office’s January 2025 report on AI and copyrightability reaffirms the longstanding principle that copyright protection is reserved for works of human authorship. Outputs created entirely by generative artificial intelligence (AI), with no human creative input, are not eligible for copyright protection. The Office offers a framework for assessing human authorship for works involving AI, outlining three scenarios: (1) using AI as an assistive tool rather than a replacement for human creativity, (2) incorporating human-created elements into AI-generated output, and (3) creatively arranging or modifying AI-generated elements.Continue Reading The Copyright Office’s Latest Guidance on AI and Copyrightability

In a state where the sun always shines, California’s film tax credits seem to be the script for success. On July 10, 2023, Governor Newsom signed legislation to extend and expand California’s $330 million-a-year Film and TV Tax Credit Program 3.0 for an additional five years, meaning the original expiration date of June 30, 2025 has been extended through June 30, 2030.[1] Following this recent expansion, the program, now dubbed “Program 4.0,” has already enticed upcoming productions scouting other locations to reconsider. Colleen Bell, the Director of the California Film Commission, says that just during the first half of 2024, the state has already attracted 12 new and one relocating television series to California.[2] As evidence of that, we see Universal Content Productions LLC received one of the largest credits worth $12 million for the first season of “Suits: L.A.”, which helped ignite the shift from production in Canada to production in California.[3] This spinoff alone is expected to spend $50.7 million and create about 2,600 jobs in California.[4]Continue Reading Lights, Camera, Tax Breaks: California’s Updated Film Incentives

YouTube has announced a slate of new AI detection tools to enhance its ContentID system. The tools are designed to address the challenges posed by AI-generated content, which is becoming increasingly prevalent and sophisticated. The announcement coincides with industry-wide calls for more robust detection mechanisms as the lines between AI-generated and human-produced content continue to blur.Continue Reading YouTube Unveils AI Detection Tools: Advancing ContentID for the AI Era

In the ongoing legal battle of Yellow Rose Productions, Inc. v. Pandora Media, LLC, a group of high-profile comedians, including Lewis Black, George Lopez, and the estates of Robin Williams and George Carlin, has filed a motion for partial summary judgment claiming that Pandora is infringing on their copyrights by streaming over 2,000 comedy routines without the necessary licenses. In response, Pandora contends that its existing licenses from record labels sufficiently cover these performances. Not only does this case raises critical legal questions regarding the scope of rights necessary to license non-musical content like comedy, podcasts, and audiobooks in the streaming era, but is emblematic of broader shifts in the entertainment industry, where traditional boundaries of copyright law are being tested by emerging technologies and distribution methods, prompting content creators to be increasingly proactive in safeguarding their rights and monetization opportunities.Continue Reading Funny Business: Comedians Push for Music-Style Licensing

After almost 2 years of negotiations over a new interactive media agreement with video game industry giants such as Activision, Electronic Arts, Warner Bros. and Walt Disney Co., video game performers voted to strike as of Friday, July 26, 2024. The crux of the issue being negotiated surrounds artificial intelligence (“AI”) and performers’ fears that its unbridled use could provide game makers with a means to replace them by training AI to replicate an actor’s voice, or to create a digital replica of their likeness without consent and without fair compensation.[1]Continue Reading Game On: SAG-AFTRA’s Video Game Performer Members Strike Over AI Concerns