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Sam Cohen is an associate in the Entertainment, Technology, and Advertising Practice Group in the firm's New York office.

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

Given the introduction of the ‘NO FAKES’ Act by a bi-partisan group of senators within days of U.S. Copyright Office’s release of its digital replicas report asserting an “urgent need” for more cohesive protections at the federal level, it’s clear that momentum is building for federal oversight in the realm of deepfake and digital replication technology. This legislative effort is intertwined with broader national and global discussions about AI’s impact on privacy, intellectual property, and personal identity, alongside existing gaps in enforceable protections.Continue Reading Closer to a Federal Right of Publicity – Senate Introduces NO FAKES Act

In December 2023, China’s National Press and Publication Administration introduced draft regulations with potentially significant implications for the online gaming industry. The proposed regulations, aimed at curbing in-game spending, could substantially affect games that rely on high spenders for their revenue, particularly “free to play” games. This initiative is part of China’s broader strategy to regulate the country’s leading gaming industry, which rebounded to generate approximately $42 billion in 2023, following a decline in revenue in the previous year due to China’s previous regulatory crackdown which included a temporary suspension of new game approvals and restrictions on the amount of time children can spend on gaming.Continue Reading China Proposes New Regulations for Online Gaming

The rising prevalence of crypto and virtual currencies has invited the scrutiny of several regulatory bodies who continue to grapple with the unique challenges posed by blockchain technology, FinCEN being one prime example. The Financial Crimes Enforcement Network (“FinCEN”) is an arm of the United States Department of Treasury that seeks to impede financial crimes such as money laundering and terrorist financing, and was the first financial regulator in the U.S. to address virtual currency.Continue Reading Blockchain Game Developers and FinCEN: When are State Money Transmission Laws Applicable?

A newly inked strategic partnership between Sony Music Entertainment and Roblox is another indication of a maturing relationship amongst the music, gaming, and esports industries, a synergy that has evolved for years and in particular, during the COVID-19 pandemic. The major record label and game creation platform have enjoyed the mutual success of their recent collaborations and are now gearing up to allocate more resources to developing “innovative music experiences for the Roblox community that offer a range of new commercial opportunities for Sony Music artists to reach new audiences and generate new revenue streams around virtual entertainment.”
Continue Reading Strategic Partnerships Advance Music and Gaming Synergy

Musicians and gamers are no strangers to each other; the two industries have been capitalizing on the crossover of their respective fan bases for nearly a decade. Although these collaborative efforts are not news, the utility of virtual and remote fan engagement has been re-contextualized in the wake of the COVID 19 pandemic. As the average musician derives the overwhelming majority of their revenue from live performances, technologies that can simulate these experiences have taken on a new importance virtually overnight.
Continue Reading The Esports and Gaming Industries Offer Vital Tools to Musicians in the Wake of COVID-19