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

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

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