In recent years, the entertainment industry has transformed itself through the adoption of new technologies and opened up all kinds of exciting new creative avenues. Below we predict what will happen in 2023, from the continued explosion of the creator economy to the advancement of new technologies such as NFTs and metaverses. With more than 45 years of experience, Manatt has helped the biggest names in entertainment navigate and capitalize on this ever-changing and converging market, keeping his finger on the pulse of innovation.
Jordan Bromley, head of Manatt Entertainment, Robert Jacobs, head of entertainment litigation, and partners Chris Chatham and Monika Tashman shared their predictions for where things might go this year:
Jordan Bromley on music: “I see 2023 as the year to continue to ramp up the advocacy for music artists, especially songwriters. Songwriters and their representatives are increasingly frustrated with the stark inequality of payments in the streaming economy. They see major global corporations announcing billions of dollars in proceeds without being able to earn a subsistence wage as individuals. Look for more on this in the coming year, as well as artist publicity in general.”
Chris Chatham on content: “There’s been a lot of coverage about how our industry will shrink in 2023. It’s likely to happen, but I’m not seeing it at the moment. Streamers/studios are still spending money, but just more selective. Admittedly, it will take longer to get approved.” time, but streamers and studios will still pay for premium content, premium IP, and high-profile talent. Traditional revenue streams won’t disappear anytime soon. Emerging verticals of influencers, gamers, talent businesses, and the creator economy will continue to thrive In 2023, performance pressures will come across all parts of the industry, but those who have liquidity and calculated risk will be fine.”
Robert Jacobs on the lawsuit:
- Copyright – What do you do with a mouse? : “Copyright protection for some of Disney’s earliest renditions of Mickey Mouse and some other iconic characters is coming to an end (but risks remain for those who might try to exploit such public domain works). However, even these early characters enter the public domain Domains do not necessarily mean that anyone is free to use them, taking into account other potential avenues of protection available, including those provided by trademark law.”
- AI growth, real legal risks: “Generative AI platforms will increasingly come under legal attack from content owners, government regulators, and politicians. These fights are expected to raise complex questions about whether the by-products of these programs infringe the copyright interests of existing content or protected transformative works, and whether by-products themselves are entitled to copyright protection, which may lack human authorship”
- Art as NFT: “Is art subject to securities and consumer protection laws simply because it is in the form of an NFT collection? These are among the fundamental questions that the latest Bored Apes lawsuit may decide in 2023. The NFT art market—and NFTs in general— — the stakes couldn’t be higher.
- Metaverse: “For the foreseeable future, all things virtual worlds will continue to permeate conversations about art and business, and test legal boundaries. As these platforms continue to mature and attract more and more users, expect to see more and more More legal disputes that will clarify whether and how traditional intellectual property and NIL rights apply in this brave new world.”
- fair competition: “It is highly likely that the Supreme Court will update the fair use doctrine in its forthcoming ruling concerning Andy Warhol’s decision on Lynn Goldsmith’s famed music icon Prince ( Prince. Regardless of the outcome, this decision is likely to address—and possibly reduce—the growing importance some lower courts place on the transformative nature of secondary works relative to the original.”
Artist Monika Tashman: “During the pandemic, artists are reimagining and reconnecting with their fan bases, taking a hard look at the profitability of their business deals and the effectiveness of their relationships, and using this time to create a ton of content. Last year, they Temporarily re-emerging with a new appreciation for their business, their fans, their endeavors and the need for diversity. 2023 will be the year they capitalize on their creative investment and business insight. I look forward to seeing the artist expand their brand and seize opportunities for growth and diversification, allowing more artists to proudly rule their own empires.”
