Entertainment Industry Predictions: Streaming, Litigation, Emerging Technologies to 2023 – Media & Entertainment Law

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.

Manatt Entertainment Leader jordan bromleyHead of Entertainment Litigation robert jacobsand partners Chris Chatham and Monica Tashman Sharing 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 companies releasing Billions of dollars in funding while they as individuals are not earning a living wage. Look for more on this in the coming year, as well as general artist advocacy.”

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 haven’t seen it yet. Streamers/studios are still spending, but just more selectively. Of course, it will take longer to get approved time, but streamers and studios will still pay for premium content, premium IP, and big-name talent. Traditional revenue streams are not going away anytime soon. Influencers, gamers, talent VCs, and the maker economy will continue to thrive. In 2023, there will be performance pressures on every facet of the industry, but those with liquidity and calculated risk will be fine.”

Robert Jacobs on the lawsuit:

• Copyright – What do you do with a mouse? :“Copyright protection for 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, while these early characters are entering consideration As well as other potential avenues of protection available, including those provided by trademark law, the public domain does not necessarily mean that anyone is free to use them.”




• AI growth, real legal risks: “Generating 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 constitute a Transformative works protected, and by-products that may lack human creation, are themselves entitled to copyright protection.”




• Art as NFT: “Is art subject to securities and consumer protection laws simply because it is in the form of an NFT collectible? These are among the fundamental questions that the latest Bored Apes lawsuit may decide in 2023. The NFT art market and the stakes of NFTs as A whole—couldn’t be higher.”




• Metaverse: “For the foreseeable future, all things Metaverse will continue to infiltrate 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 The more the laws conflict, the more it will clarify if and how traditional intellectual property and NIL rights apply in this brave new world.”




• fair competition: “The Supreme Court is likely to update the fair use doctrine in its forthcoming ruling concerning Andy Warhol’s vindication of Lynn Goldsmith’s famed music icon Prince. (Prince’s) likeness. Regardless of the outcome, this ruling will likely address—and possibly reduce—some lower courts’ growing emphasis 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 Re-emerging, temporarily, with a new appreciation for their business, their fans, their endeavors and their need for diversity. 2023 will be the year they leverage their creative investments and their business insights. I hope to see As artists expand their brands and seize opportunities to grow and diversify, more artists proudly rule their empires.”

The content of this article is intended to provide general guidance on the topic. Expert advice should be sought depending on your specific situation.