24. Oktober 2025

Reflecting on IAEL's "Legal Update for Entertainment & Technology" at the ADE in Amsterdam: Global Challenges Remain  in 2026

Von: Prof. Dr. Ralf Kitzberger, LL.M.

Yesterday, I had the pleasure of attending the IAEL session "Legal Update for Entertainment & Technology," which offered invaluable insights into the evolving landscape of entertainment, media, and technology law. The discussions made it crystal clear: the legal and regulatory challenges that shaped 2025 are far from resolved—and their international dimensions will continue to define our work in 2026 and beyond.

Why These Legal Topics Matter More Than Ever?

The entertainment and technology sectors are experiencing unprecedented transformation. From the rise of artificial intelligence and generative tools to ongoing debates about name, image, and likeness (NIL) rights, the complexity and velocity of change are accelerating worldwide. The IAEL session made it abundantly clear that these issues are at the top of the global agenda and will remain pivotal for practitioners, in-house counsel, and innovators alike.

Key themes that dominated the session included:

The Legal Impact of Artificial Intelligence: New applications of AI—from music creation to content moderation—have sparked sophisticated legal disputes, particularly regarding copyright exceptions (like text and data mining) and the authorship of AI-generated works. Sessions explored recent and pending judgments, the European Union’s AI Act, and how regulatory frameworks are struggling to keep up with technological advancements.

Protection of Name, Image & Likeness (NIL): The music and entertainment sectors are witnessing a surge of interest in NIL rights, not only for living artists but also for posthumous avatars and deepfake technologies. Legislative proposals (e.g., the ELVIS Act in Tennessee, new legislative initiatives in the Netherlands and Denmark) reflect how quickly this topic is evolving in different jurisdictions.

Copyright and Cross-Border Legal Issues: The rise of global digital distribution has made international copyright enforcement and licensing increasingly complex. Case law, such as the ongoing Pelham II (CJEU) on the definition of "pastiche" and the recent Belgian National Orchestra judgment, highlight divergent national approaches to core copyright concepts.

The Value of Comparative International Perspectives

One of the strongest takeaways from the session is the necessity of understanding how parallel legal challenges are tackled across jurisdictions. Whether it’s the approach to regulating AI-generated content, the recognition and registration of NIL rights (including attempts to trademark artist faces and names), or strategies for collective rights management in a borderless digital world, practitioners must look beyond their own national frameworks.

The IAEL panel brought together experts from North America, Europe, Asia, and beyond, each sharing specific examples of legislative trends, court decisions, and industry-driven self-regulation. This comparative perspective is essential—not only for risk management and compliance, but also for identifying opportunities in new markets and anticipating regulatory headwinds.

The impressive roster of speakers—from leading entertainment and technology lawyerstackle nuanced, sometimes controversial, topics and to share candid, cross-border perspectives made the event a genuine highlight of the legal calendar. Special credit is due to the IAEL for expertly curating such a relevant and timely discussion, as well as for providing a platform that encourages the exchange of global best practices and emerging ideas.

What Does This Mean for Legal Practitioners?

Legal professionals, advisors, and clients alike must remain agile and proactive. The issues discussed will continue to unfold—and likely intensify—into 2026:

Continuous Learning Is Essential: Staying informed about legal developments in other territories is no longer optional. Adaptation, anticipation, and comparative analysis are the keys to effective counsel and strategic decision-making.

Collaboration Across Borders: Legal challenges in entertainment and technology often transcend national frontiers. Networks like IAEL provide indispensable forums for sharing insights and fostering collaborative solutions.

Looking Ahead: With ongoing legislative activity, landmark court decisions pending, and technological breakthroughs on the horizon, practitioners need to keep a close watch on how these trends develop in different regulatory environments.

The IAEL "Legal Update for Entertainment & Technology" session was a powerful reminder that the most pressing legal topics of 2025 have not only changed the agenda for entertainment and media law—they are also setting the stage for 2026. Comparative, cross-border expertise, openness to new legal problems, and a commitment to ongoing dialogue are more important than ever for our field.

Thank you to the outstanding speakers and the IAEL for championing this conversation and keeping our global community at the forefront of legal innovation in entertainment and technology.

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