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Creative Risk & Legal Responsibility in a New Era

Creative Risk & Legal Responsibility in a New Era

Two very different legal stories this week — one about a controversial war documentary lawsuit, the other about a major ruling on AI training data. Both raise urgent questions about the boundaries of storytelling and the ownership of information. Whether you're a filmmaker or an AI developer, these cases may affect how you create and protect your work.

ChaseLawyers Newsletter
July 15, 2025

Hi there,

This week’s legal headlines highlight how high the stakes can be for creators — especially when the law collides with cutting-edge tech or sensitive subject matter. National Geographic is facing a lawsuit over its award-winning documentary Retrograde, with claims that the film endangered lives by revealing the identity of an Afghan informant. Meanwhile, a U.S. judge has ruled that using copyrighted books to train AI models can qualify as fair use — a decision that could shape the future of generative AI. Both stories ask the same question: where do we draw the line?

National Geographic Sued Over Identity Disclosure in Afghanistan Documentary

The producers of Retrograde, a National Geographic documentary about the U.S. withdrawal from Afghanistan, are being sued by the brother of an Afghan informant who was allegedly killed after his identity was exposed in the film. The lawsuit claims the filmmakers failed to adequately conceal the man’s face and voice, putting his family at risk. While Retrograde received critical acclaim and awards recognition, the case raises serious ethical and legal questions about responsibility in documentary storytelling — especially when real lives are involved.

Judge Rules AI Training on Copyrighted Books May Be Fair Use

A federal judge has issued a pivotal ruling that could reshape how AI companies build their models. In a case involving Meta and M.I.T., the court found that training large language models (LLMs) using copyrighted books — even without permission — can be considered fair use, as long as the output isn’t directly copying the works. This decision marks a significant legal victory for the AI industry, which relies heavily on existing content to power generative tools. However, the ruling may still be appealed as publishers and authors push back.

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INDUSTRY NEWS

Taliban Revenge Killing Puts Court Spotlight on Documentary Ethics

A new lawsuit accuses Retrograde filmmakers of failing to protect an Afghan man’s identity — allegedly leading to his brother’s death. The case tests legal limits in real-life storytelling.

Copyrighted Books Are Fair Use For AI Training. Here’s What To Know

A judge just ruled that training AI on copyrighted books may qualify as fair use, handing a big win to developers like Meta. But the legal fight is far from over.

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Barry Chase, Esq. is an honors graduate of Yale College and Harvard Law School, and the founding partner of ChaseLawyers®. In addition to his entertainment attorney legal practice, Mr. Chase lectures regularly on the representation of media personalities, the legal “do’s and don’ts” of music, television, and film production, and the intricacies of film rights option agreements.

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