Issue No. 071 · Story 02 · October 30, 2026

SAG-AFTRA Backs Copyright Owners in OpenAI Case

On October 29, SAG-AFTRA and three other unions moved to file a brief supporting copyright owners in the federal case against OpenAI. The proposed brief argues that unlicensed AI training harms creative workers who rely on licensing revenue. As of October 30, the court has not ruled on the motion, and no court has decided fair use in this case.

§The other filers are the American Federation of Musicians, the Writers Guild of America West and the Writers Guild of America East.
§The unions say they collectively represent over 250,000 media and entertainment workers.
§The proposed brief asks the court to reject a categorical fair use exemption for AI training.

THE TAKEAWAY

The fair use question includes whether unlicensed training harms the market for copyrighted works. The unions argue that an existing, negotiated market for AI training licenses is part of that market.

Filing: ESCA Filings

Same issue

Screenwriter Sues Alexander Payne Over The Holdovers

On October 28, screenwriter Simon Stephenson sued Alexander Payne and other defendants in federal court, alleging The Holdovers copied protected expression from his screenplay Frisco. He alleges Payne read Frisco in 2013 and 2019 and passed both times. As of October 30, no court has decided the merits.

Sutter Home Loses Its Bandit Trademark Win

On October 29, a federal appeals court issued an unpublished, nonprecedential memorandum reversing Sutter Home's summary judgment win against Roar Spirits and sending the trademark registration dispute back. Sutter Home opposed Roar's tequila mark applications, claiming likely confusion with its BANDIT mark. As of October 30, no final determination on likelihood of confusion has been made.

Trademark

Go Pack Go Lacks Copyright Protection in McMillan's Appeal

On October 28, the Seventh Circuit affirmed dismissal of Calvin McMillan's copyright complaint against the NFL and Wisconsin Department of Revenue. He alleged lottery tickets copied phrases from Pack Attack and Go Pack Go without authorization. The nonprecedential order held he offered no proof of registration, which was his burden, and the brief phrases lacked copyright protection.