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Analysis: How Sly Stallone and Gloria Gaynor explain Trump and his presidency

CNN

2 minutes ago

CNN

Analysis: How Sly Stallone and Gloria Gaynor explain Trump and his presidency

President Donald Trump would love cultural elites to sniff at his Kennedy Center honorees. He relished unveiling the stars he'll fete at the iconic arts center's annual gala later this year, after motorcading to the complex Wednesday through streets now patrolled, on his orders, by federal agents and army reservists. The line-up explains a lot about him, his power and why he's president. 'Rocky' star Sylvester Stallone, Broadway legend Michael Crawford, disco icon Gloria Gaynor, country crooner George Strait and glam rock band KISS are more populist than 'high' culture. That's not to say that they are unworthy. Who could argue that Stallone didn't leave an 'indelible' mark on his art form? That's one of the criteria for selecting nominees. And Kennedy Center honorees have been trending toward the popular arts for decades, under presidents of both parties. As always, Trump was setting a trap for his political foes. Any criticism of his choices as too lowbrow or undeserving will only bolster his claims to be a scourge of the establishment and endear him more to supporters who lionize him as the ultimate outsider. Trump's critics see his takeover of the Kennedy Center and his efforts to destroy progressive values in the arts, the universities and elsewhere as cultural warfare. He pretty much agrees, proclaiming that he'd scrubbed his list for 'wokesters.' He admitted he'd even considered using his newly seized power over the citadel of American cultural life to honor himself. No wonder critics — including, no doubt, many liberal Kennedy Center subscribers, given the capital region's progressive lean — perceive a would-be authoritarian who wants to dominate and dictate every aspect of American life. Presidents don't generally select honorees. You'd think the world's most powerful man would have bigger fish to fry. Most commanders in chief just throw a White House reception and turn up for the show. But Trump is a ravenous consumer of pop culture and is unusually skilled at leveraging it for political gain. He's the executive producer of his own life and political career. So there was no chance he'd pass up a chance to stage-manage this show — and even plans to host the televised gala himself. He professed to have been press-ganged into it by White House Chief of Staff Susie Wiles. She probably didn't have to twist his arm for too long. More seriously, Trump's Kennedy Center Honors will also represent another important victory for his 'Make America Great Again' movement and his hostile takeover of Washington institutions. 'I would say I was about 98 percent involved,' Trump said, of the selection process. 'No, they all went through me … I turned down plenty. They were too woke. I turned them — I had a couple of wokesters.' There's an important political dimension to this. Trump's base voters, and many other conservatives, believe that liberal elites spent decades cementing an ideological takeover of multiple areas of US life — in the arts, the media, academia, and even in sports — and dragged them to the left. The anger of millions of Americans about this pulsated from Trump's rallies in three consecutive campaigns. Voters gravitated toward a candidate who was mocked for his brassy ways by sophisticated Manhattanites. This is why Hillary Clinton's ill-judged insult of Trump supporters in 2016 as 'deplorables' became a badge of honor and a source of power for the president. When Trump's critics bemoan what they see as a takeover of top political and cultural institutions, his fans think he's taking those entities back. On conservative media, hosts lash out at movie stars for demeaning Hollywood with progressive views, or socially conscious NFL or NBA stars for 'ruining sports.' Previously, Kennedy Center honorees were chosen by a nominally bipartisan panel of arts and entertainment industry luminaries. But try convincing a conservative that these judges were free of bias, since they were drawn from the liberal arts milieu that Trump is seeking to destroy by taking over the Kennedy Center. Trump celebrated his dominance of yet another liberal bastion by admitting he was politicizing it — in another show of his unchecked power. 'I shouldn't make this political because they made the Academy Awards political, and they went down the tubes,' he said. The president went on, 'So they'll say, 'Trump made it political,' but I think if we make it our kind of political, we'll go up, OK?' But while Trump aimed for levity, his actions are threatening. On its own, his takeover of the Kennedy Center would be unusual, even a little bizarre. Taken against the backdrop of everything else he's doing, it's more worrying. He's weaponized the Justice Department against his political enemies, including members of the Obama administration. Trump's federalizing of the Washington, DC, police and deployment of the National Guard on the capital's streets and endless offensives against judges mirror the tactics of authoritarian rulers. The administration plans to scrub exhibits at the Smithsonian so they don't conflict with Trump's hardline views ahead of America's 250th birthday next year. His attempts to control the curricula of elite universities and his attacks on the media along with his dominance of the Kennedy Center make it feel like he's trying to control what Americans see, learn and even do in their leisure time. It's easy to believe that Trump chose the honorees himself because they all reflect aspects of his own character and experience. Stallone plays rough guys like John J. Rambo and Rocky Balboa, who trampled political correctness. It's not hard to see that Trump sees himself in them. 'He's a little bit tough, a little bit different, I will tell you. He's a little, tough guy,' Trump said, noting that Stallone, too, has his star in cement in Hollywood. 'In fact, the only way that's a bigger name on the Hollywood Walk of Fame, they say, is a guy named Donald Trump.' Strait is a massive recording star known as the 'King of Country' and a titan of rural America whose traditional sound evokes the kind of down-home appeal that Trump seeks to emulate. Crawford, who starred in the original London and Broadway productions of 'Phantom of the Opera,' shows the president's affinity for musicals. Like Trump, the show was big in New York in the 1980s. And the score, composed by Andrew Lloyd Webber, was considered mass market by trendy elites, while being widely popular among the masses. Crawford is also famous for another role — PT Barnum, a 19th-century showman, impresario, businessman and ring master whose carnival-barker style foretold Trump's. 'Barnum's' most famous number is 'There's a sucker born ev'ry minute' and sums up the business philosophy of a hero remembered for publicity stunts and hoaxes that blurred truth and reality. Sound familiar? KISS, a band with a catalogue of platinum albums, is also known for over-the-top stagecraft. And there's no better anthem for Trump's life of personal, business and political scandals that almost but never quite destroy him than Gaynor's biggest hit: 'I Will Survive.'

CNN

3 minutes ago

CNN

Analysis: How Sly Stallone and Gloria Gaynor explain Trump and his presidency

President Donald Trump would love cultural elites to sniff at his Kennedy Center honorees. He relished unveiling the stars he'll fete at the iconic arts center's annual gala later this year, after motorcading to the complex Wednesday through streets now patrolled, on his orders, by federal agents and army reservists. The line-up explains a lot about him, his power and why he's president. 'Rocky' star Sylvester Stallone, Broadway legend Michael Crawford, disco icon Gloria Gaynor, country crooner George Strait and glam rock band KISS are more populist than 'high' culture. That's not to say that they are unworthy. Who could argue that Stallone didn't leave an 'indelible' mark on his art form? That's one of the criteria for selecting nominees. And Kennedy Center honorees have been trending toward the popular arts for decades, under presidents of both parties. As always, Trump was setting a trap for his political foes. Any criticism of his choices as too lowbrow or undeserving will only bolster his claims to be a scourge of the establishment and endear him more to supporters who lionize him as the ultimate outsider. Trump's critics see his takeover of the Kennedy Center and his efforts to destroy progressive values in the arts, the universities and elsewhere as cultural warfare. He pretty much agrees, proclaiming that he'd scrubbed his list for 'wokesters.' He admitted he'd even considered using his newly seized power over the citadel of American cultural life to honor himself. No wonder critics — including, no doubt, many liberal Kennedy Center subscribers, given the capital region's progressive lean — perceive a would-be authoritarian who wants to dominate and dictate every aspect of American life. Presidents don't generally select honorees. You'd think the world's most powerful man would have bigger fish to fry. Most commanders in chief just throw a White House reception and turn up for the show. But Trump is a ravenous consumer of pop culture and is unusually skilled at leveraging it for political gain. He's the executive producer of his own life and political career. So there was no chance he'd pass up a chance to stage-manage this show — and even plans to host the televised gala himself. He professed to have been press-ganged into it by White House Chief of Staff Susie Wiles. She probably didn't have to twist his arm for too long. More seriously, Trump's Kennedy Center Honors will also represent another important victory for his 'Make America Great Again' movement and his hostile takeover of Washington institutions. 'I would say I was about 98 percent involved,' Trump said, of the selection process. 'No, they all went through me … I turned down plenty. They were too woke. I turned them — I had a couple of wokesters.' There's an important political dimension to this. Trump's base voters, and many other conservatives, believe that liberal elites spent decades cementing an ideological takeover of multiple areas of US life — in the arts, the media, academia, and even in sports — and dragged them to the left. The anger of millions of Americans about this pulsated from Trump's rallies in three consecutive campaigns. Voters gravitated toward a candidate who was mocked for his brassy ways by sophisticated Manhattanites. This is why Hillary Clinton's ill-judged insult of Trump supporters in 2016 as 'deplorables' became a badge of honor and a source of power for the president. When Trump's critics bemoan what they see as a takeover of top political and cultural institutions, his fans think he's taking those entities back. On conservative media, hosts lash out at movie stars for demeaning Hollywood with progressive views, or socially conscious NFL or NBA stars for 'ruining sports.' Previously, Kennedy Center honorees were chosen by a nominally bipartisan panel of arts and entertainment industry luminaries. But try convincing a conservative that these judges were free of bias, since they were drawn from the liberal arts milieu that Trump is seeking to destroy by taking over the Kennedy Center. Trump celebrated his dominance of yet another liberal bastion by admitting he was politicizing it — in another show of his unchecked power. 'I shouldn't make this political because they made the Academy Awards political, and they went down the tubes,' he said. The president went on, 'So they'll say, 'Trump made it political,' but I think if we make it our kind of political, we'll go up, OK?' But while Trump aimed for levity, his actions are threatening. On its own, his takeover of the Kennedy Center would be unusual, even a little bizarre. Taken against the backdrop of everything else he's doing, it's more worrying. He's weaponized the Justice Department against his political enemies, including members of the Obama administration. Trump's federalizing of the Washington, DC, police and deployment of the National Guard on the capital's streets and endless offensives against judges mirror the tactics of authoritarian rulers. The administration plans to scrub exhibits at the Smithsonian so they don't conflict with Trump's hardline views ahead of America's 250th birthday next year. His attempts to control the curricula of elite universities and his attacks on the media along with his dominance of the Kennedy Center make it feel like he's trying to control what Americans see, learn and even do in their leisure time. It's easy to believe that Trump chose the honorees himself because they all reflect aspects of his own character and experience. Stallone plays rough guys like John J. Rambo and Rocky Balboa, who trampled political correctness. It's not hard to see that Trump sees himself in them. 'He's a little bit tough, a little bit different, I will tell you. He's a little, tough guy,' Trump said, noting that Stallone, too, has his star in cement in Hollywood. 'In fact, the only way that's a bigger name on the Hollywood Walk of Fame, they say, is a guy named Donald Trump.' Strait is a massive recording star known as the 'King of Country' and a titan of rural America whose traditional sound evokes the kind of down-home appeal that Trump seeks to emulate. Crawford, who starred in the original London and Broadway productions of 'Phantom of the Opera,' shows the president's affinity for musicals. Like Trump, the show was big in New York in the 1980s. And the score, composed by Andrew Lloyd Webber, was considered mass market by trendy elites, while being widely popular among the masses. Crawford is also famous for another role — PT Barnum, a 19th-century showman, impresario, businessman and ring master whose carnival-barker style foretold Trump's. 'Barnum's' most famous number is 'There's a sucker born ev'ry minute' and sums up the business philosophy of a hero remembered for publicity stunts and hoaxes that blurred truth and reality. Sound familiar? KISS, a band with a catalogue of platinum albums, is also known for over-the-top stagecraft. And there's no better anthem for Trump's life of personal, business and political scandals that almost but never quite destroy him than Gaynor's biggest hit: 'I Will Survive.'

AI Legal Developments Affecting Hollywood In 2025

Forbes

33 minutes ago

Forbes

AI Legal Developments Affecting Hollywood In 2025

AI legal developments are occurring at breakneck speed, so this article provides a brief update on AI legal developments so far in 2025. Right of Publicity California. Effective as of January 1, 2025, California prohibits contracts that purport to permit the creation of digital replicas of a person unless a number of easy-to-meet exceptions apply, such as if the person is represented by a lawyer or use of the digital replica does not replace work that the person would otherwise do. Another exception is if the person is a member of SAG-AFTRA, because the SAG-AFTRA Basic Agreement provides much better protection. California law provides the heirs of 'deceased personalities' (persons who are widely known at the time of, or because of, their death) with right of publicity protection for seventy years after death. However, there was a large statutory loophole that permitted use of the deceased personality's voice or likeness in connection with 'entertainment, or a dramatic, literary, or musical work,' and this exception was repealed as of January 1, 2025 with respect to digital replicas. New York. In June, New York passed legislation requiring any advertisement that includes an image of a human created by AI ('synthetic performer') to conspicuously disclose that fact unless (a) the image 'is recognizable as any identifiable natural performer' (in which case that person presumably gave consent or has a right of publicity claim) or (b) the advertisement is for an expressive work (like a film) in which the synthetic performer appears. Federal Laws. Given the wildly inconsistent rulings on the right of publicity at the state level, there is a desperate need for uniform federal legislation on this issue, as there is for copyright and trademark. The very first federal legislation directly addressing content created by AI was enacted in May, called the TAKE IT DOWN Act. The good news is that the Act creates criminal and civil penalties for using AI to create a look-alike version of someone without their consent, but the bad news is that it only applies if the person is shown as nude. This Act would have been the perfect opportunity to include all AI created look-alikes without consent, but alas, the federal bill that would do that, the NO FAKES Act, is still languishing in Congress and does not look likely to pass anytime soon. Copyright Uploading. There has been an avalanche of litigation by everyone that owns any copyrighted content (e.g., text, photos, films, and music) against AI companies for copyright infringement for uploading that content. The outcome of these cases will depend on the fair use defense, and in February the case of Thomson Reuters v. ROSS Intelligence held that the fair use defense didn't apply to uploading to train AI, at least when the uploading was done to compete with the uploaded content. The court relied in part on the 2023 Supreme Court case in Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith, which essentially held that it is not fair use if the owner of the copyright would reasonably expect to be paid for the copying. However, in June, two other courts (in Bartz v. Anthropic and Kadrey v. Meta) held that uploading books was fair use, at least as long as the output (a) did not infringe on the uploaded content and (b) did not hurt the market for the uploaded content, looking only to the prior market of sales of the books to consumers and not the market of licensing the books to AI companies. The courts predictably relied on Authors Guild v. Google, a 2015 Second Circuit case that permitted Google to copy the full text of books for purposes of permitting searches that resulted in showing just snippets from the books. And in July, Trump gave his verdict, which is that uploading is always fair use, and this might have an impact on how the Supreme Court rules on this issue. Copyright Protection. In March, the U.S. Court of Appeals for the DC Circuit held that AI generated content does not qualify for copyright protection, following the position taken by other courts and the Copyright Office. Copyright Office Report. In May, the Copyright Office released a 'pre-publication' report on AI that concluded that (a) the mere fact of uploading by AI could be copyright infringement of the uploaded works and (b) AI output could be copyright infringement of the uploaded works even if the output were modified versions of the uploaded works. However, the very next day the head of the Copyright Office was fired, throwing into doubt whether this 'pre-publication' report will ever become final. Disney and Universal v. Midjourney. In June, Disney and Universal sued Midjourney for both uploading and downloading, since there was rampant and flagrant use of their characters by Midjourney users, which was encouraged by Midjourney's website by hosting multiple examples of the characters being used in various settings. My bet is on Disney and Universal prevailing on this one under a Napster theory, since if they don't, copyright protection is gone. Defamation. Given AI's tendency to 'hallucinate,' it is not surprising that AI has reported nasty untrue facts regarding real people, which has led to defamation claims against AI companies. An interesting aspect of this issue is that if the matter involves a public figure or a matter of public interest, a defense to a defamation claim is that the person making the statement actually believed it to be true (so no 'actual malice'). In May, the case of Walters vs. OpenAI held that false derogatory content about the plaintiff produced by ChatGPT did not constitute defamation because the plaintiff was a public figure and ChatGPT was incapable of 'believing' anything it produced. The court held that even if the plaintiff were not a public figure, no reasonable person should believe ChatGPT derogatory content given that it provides warnings that it hallucinates. Unhappy SAG-AFTRA. In May, SAG-AFTRA filed an unfair business practice claim with the NLRB against the producer of the videogame Fortnite for alleged failure to bargain in good faith prior to using AI to recreate Darth Vader's voice with the consent of the actor's estate. The matter was settled when the parent company entered into a new agreement with SAG-AFTRA in July. Really? Almost exactly two years ago, a lawyer was sanctioned for filing a brief written by AI that was full of hallucinated case citations, and I was sure this would be a one-time event given the publicity. Well, such sanctions started occurring monthly, then weekly, and now daily! So there are a lot of lawyers out there that put a tad too much trust in AI.

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Analysis: How Sly Stallone and Gloria Gaynor explain Trump and his presidency

Analysis: How Sly Stallone and Gloria Gaynor explain Trump and his presidency

AI Legal Developments Affecting Hollywood In 2025

Fort Concho celebrates Western heritage with upcoming events

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Analysis: How Sly Stallone and Gloria Gaynor explain Trump and his presidency

Analysis: How Sly Stallone and Gloria Gaynor explain Trump and his presidency

AI Legal Developments Affecting Hollywood In 2025

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