UCLA Entertainment Symposium: Navigating Disruption and Charting the Future of Hollywood

The UCLA Entertainment Symposium serves as a crucial meeting point for professionals in the entertainment industry. It brings together leading lawyers, executives, agents, managers, and producers alongside students for open discussions on the pressing matters shaping the industry's trajectory. This year's symposium, "Hollywood '25: Survive or Thrive," addressed a critical juncture for the entertainment world, marked by rapid disruption across various fronts.

Keynote Address: Dana Walden's Perspective on Disney's Strategy

The symposium was anchored by a keynote conversation with Dana Walden, Co-Chairman of Disney Entertainment, at The Walt Disney Company. Walden offered valuable insights into Disney's current strategies and future outlook.

The Value of Linear Channels

Walden addressed the ongoing debate about the role of linear cable channels in the age of streaming. In contrast to NBCUniversal and Warner Bros. Discovery, Walden affirmed that Disney currently has no plans to divest its linear cable channels. She emphasized the importance of Disney's "Big 5" legacy linear channels-Nat Geo, FX, Freeform, ABC, and Disney Channel-as key programming engines for streamers Disney+ and Hulu. She stated that the programming is deeply embedded in Disney's strategy for streaming. Walden highlighted that there is little audience overlap between these platforms, allowing Disney to maximize its production and marketing investments.

Local Reach and Profitability of ABC Affiliates

Walden also emphasized the value of Disney's eight owned-and-operated ABC affiliates in major markets like New York, Los Angeles, Chicago, and Philadelphia. Despite the declining ecosystem, Walden pointed out that these stations are highly profitable and generate high margins. They serve as a daily touchpoint for many viewers with the Walt Disney Company, promoting parks, cruise ships, films, and shows.

Carriage Agreement with Charter Communications

Walden provided behind-the-scenes insights into Disney's carriage agreement deal with cable giant Charter Communications, calling it "a great example how a company like Disney has assets that exist in linear and in streaming can work with an MVPD partner like Charter."

Importance of Meaningful Content

Walden recalled a formative experience from her time running 20th Century Fox Television when her boss, former News Corp., criticized her for merely being a "network order-taker." He emphasized the importance of creating content that is meaningful, stands the test of time, and carries the company into the future. One year after the studio broke industry records by nabbing some 28 series orders from broadcast networks.

The Rise of AI in Entertainment: Ethical and Legal Considerations

One of the central themes explored at the symposium was the ethical and legal implications of using AI in entertainment.

Licensing and Transparency

John H. David B. Dreyfus, general counsel for the Directors Guild of America, advocated for transparency and a licensing model for AI companies. He argued that AI companies should be required to license works to "feed" their models. Gupta, whose company detects AI-generated deep fakes, agreed that the speed of change adds complexity.

Protecting Digital Likeness

Liz Randall, head of business operations for CAA, discussed the agency's response to the increasing use of AI. CAA rolled out CAAVault, a tool designed to help clients secure their digital likeness and voices and allow others to license them - with consent, credit and compensation.

The Role of the Courts

Dreyfus predicted that the courts would ultimately play a crucial role in defining the boundaries of AI usage in entertainment, stating, "Realistically, where the lines are going to be drawn is going to have to come from the courts."

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Monetization of Creative IP in the Age of Generative AI

The symposium also addressed the monetization of creative IP in the age of generative AI, exploring the emerging licensing marketplace for content rights. In the aftermath of copyright cases filed by authors and owners of intellectual property against generative AI companies that make platforms like ChatGPT, Claude (Anthropic) and Cohere, a burgeoning licensing marketplace has emerged. Major players-from The Atlantic to News Corp., Vox Media, Shutterstock, and Reddit-are striking licensing deals with AI companies, ushering in an entirely new marketplace for content rights in the age of machine learning. Behind the scenes, industry clearinghouses are forming to represent the interests of publishers, studios, songwriters, and other rights holders across every form of media.

Production Flight from Hollywood: Can California Reclaim Its Crown?

Another critical discussion revolved around the issue of production flight from Hollywood. The symposium addressed whether empty Hollywood sound stages are becoming the new normal. While Hollywood has traditionally been the center of the universe for film and television production, fewer productions are being filmed on Hollywood stages in recent years.

The Lure of Tax Credits

The studios and independent producers are chasing tax credits in other states and foreign countries, raising the question of whether Los Angeles has lost its luster as the film production capital of the world. Many states and countries continue to lure productions with aggressive tax credits, infrastructure investments and workforce training programs-at LA’s expense.

Keeping Production in California

The symposium explored potential solutions to keep production and jobs in California, recognizing the billions of dollars they bring to the local economy.

Crisis Management on Set: Navigating the Unexpected

The symposium also dedicated a panel to crisis management on set, addressing the challenges of managing and mitigating production risk. Theodore J. discussed how to manage and mitigate production risk through contractual protections including how to insure against catastrophic losses, what to look for in the so-called boilerplate, the types of insurance available and other strategies that may save the project. The panel discussed how to handle accidents, insurance claims, and shutdowns. There’s been a development on set, perhaps a terrible accident or a conflict between performer and director and one of them has walked, or some other calamity.

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Defamation Law in the Spotlight: Balancing Ethics and Public Discourse

The symposium addressed the delicate balance between zealous advocacy and ethical responsibility in media and celebrity defamation litigation. Yolanda T. Our panel of experts will dive into the world of media and celebrity defamation litigation, exploring the delicate-and often explosive-balance between zealous advocacy and ethical responsibility.

Challenging New York Times Co. v. Sullivan

The discussion spotlighted the growing movement to challenge New York Times Co. v. Sullivan, the landmark Supreme Court ruling that gave us the “actual malice” standard that insulates publishers from many defamation claims. The symposium questioned whether Sullivan is still good law or whether the actual malice standard enables publishers to go to press with thinly researched stories that fail under the weight of factual scrutiny. As our society becomes more polarized and media scrutiny intensifies, high-profile defamation cases are pushing the limits of legal ethics, public discourse and constitutional protections.

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