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1 Answer | Asked in Contracts, Copyright, Entertainment / Sports and Intellectual Property for California on
Q: Can someone explain this to me? I want to ensure the video footage of me is only used for the one project.

Talent/Model Release

For valuable consideration, the receipt and sufficiency of which are hereby acknowledged, I hereby agree as follows: I hereby give and forever grant to ______________, licensees and producers or publishers of its promotional materials and their successors and assigns,... View More

James L. Arrasmith
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answered on Jan 21, 2024

Under California law, the language in this talent/model release grants extensive rights to the party you're signing with. By agreeing to these terms, you're permitting them to use, publish, and copyright your image, not only for the specific project named but potentially for broader... View More

2 Answers | Asked in Entertainment / Sports, Gaming, Intellectual Property, Internet Law and Copyright for Texas on
Q: Can I create content using a known superhero's cowl and just the cowl and escape copyright infringement and the such?

Long story short I want to create youtube videos of RANDOM and just RANDOM content while using ex: Flash cowl. Just the top part of the mask not even the one that covers the whole face. I will use a different name, and although use some mannerisms, it will be obvious it is pure satire/parody. I got... View More

James L. Arrasmith
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answered on Jan 11, 2024

Using elements of a copyrighted superhero character, such as the Flash's cowl, in your content can be legally risky, even if you're only using part of the costume and intend it as satire or parody. Copyright law protects original works of authorship, including characters and their... View More

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2 Answers | Asked in Entertainment / Sports, Gaming and Internet Law for Virginia on
Q: Is it legal to manage small bets between individuals online using a website in VA? Would this be consider gambling?

Bets would be just between the individuals, like "I bet you $20 if you beat me in this game" And I would be the "middle man" holding the $20

and giving it to the winner later.

James L. Arrasmith
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answered on Jan 11, 2024

Managing small bets between individuals online in Virginia, or in any state, can indeed be considered gambling. The key factor in defining gambling is the element of chance or skill in determining the outcome, along with a wager or bet. Even if the bets are between individuals and you're... View More

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2 Answers | Asked in Entertainment / Sports, Gaming and Internet Law for Virginia on
Q: Is it legal to manage small bets between individuals online using a website in VA? Would this be consider gambling?

Bets would be just between the individuals, like "I bet you $20 if you beat me in this game" And I would be the "middle man" holding the $20

and giving it to the winner later.

T. Augustus Claus
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answered on Jan 10, 2024

In Virginia, as in many jurisdictions, the legality of managing small bets between individuals online depends on the specific circumstances and the nature of the bets. Generally, if the bets are private and do not involve a broader public or commercial gambling operation, they may fall under social... View More

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1 Answer | Asked in Copyright, Business Law and Entertainment / Sports for Virginia on
Q: I'm opening up a restaurant and wanted to know if I'm able to hang up purchased pictures of Muhammad Ali I'm not selling

Want to purchase pictures of sports memorabilia and then hang it in the restaurant for design but I'm not sure if I'm allowed to do that

James L. Arrasmith
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answered on Jan 7, 2024

Generally, purchasing and displaying sports memorabilia, like pictures of Muhammad Ali, in your restaurant for decorative purposes is permissible. This falls under the concept of "fair use," particularly if the memorabilia is being used in a way that doesn't imply endorsement or... View More

2 Answers | Asked in Contracts, Entertainment / Sports and Intellectual Property for Illinois on
Q: I am a start up indie music label. I am currently looking to draft contracts for my artists. Where do I start?

Just not sure where to start as far as contracts. Not really sure what information should be in a contract. This is why I'm seeking legal assistance.

James L. Arrasmith
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answered on Dec 30, 2023

Starting with artist contracts for your indie music label is a crucial step in establishing your business. The first thing to consider is what you want the contract to cover. Common elements include the scope of the rights granted to the label, the duration of the agreement, financial arrangements... View More

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1 Answer | Asked in Business Law, Entertainment / Sports, Gaming and International Law on
Q: I want to sue the company EGoGames: the company banned me wrong, not process my withdraw, …

reasons the company used to not process the payment(28350$) was wrong .

James L. Arrasmith
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answered on Dec 30, 2023

To pursue legal action against EGoGames for banning you and not processing your withdrawal of $28,350, first review the company's terms of service and user agreement. These documents often contain clauses related to dispute resolution, which can include arbitration or specific legal... View More

1 Answer | Asked in Entertainment / Sports and Civil Rights for Oregon on
Q: I am a member of a band that plays music for family dances and retirement centers. I also maintain the Facebook page

and website for this band. We have videos on these sites of our events. I'm particularly concerned with the retirement centers as those performances might be considered a more private event. Do I need written permission to post the videos? Could someone sue me for having a video out there?... View More

Jim Boness
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answered on Dec 5, 2023

Your question asked if someone 'could' sue you for the described action. Unfortunately, yes, someone could and might. Could they win? That is a different story. This questions deals with the right to privacy in Oregon. (Oregon really does not have a right to publicity unless you have a... View More

1 Answer | Asked in Contracts and Entertainment / Sports for California on
Q: Hello, I have an issue with disneyland. I currently have a pass and my pass penalty state ended on November 27th.

I tired to make a reservation but the system isn't letting me. I called disneyland and now they tell me there system is down and won't be able to book it until 2 week? I asked them if I will get compensation but they said no. What do I do?

James L. Arrasmith
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answered on Nov 29, 2023

Good morning,

Great question. If you are experiencing issues with your Disneyland pass, particularly with making a reservation due to their system being down, your first step is to document the problem. Keep records of your attempts to make a reservation, including dates and times, as well...
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2 Answers | Asked in Contracts and Entertainment / Sports for Michigan on
Q: Can I sue a app that causes my music career to be slowed? There not doing what they're paid for.

Paid this app that's connected to my distributor to give my song 500 plays to get notice more, 500 plays in 7 days, after few days only couple plays asked them what was wrong, they said, were updating our systems and you get a boost now.

Well it's been 2weeks and nothing!... View More

Tim Akpinar
Tim Akpinar
answered on Dec 15, 2023

You could sue on a contract-based theory. But if a law firm isn't willing to consider your matter on a contingency basis, that could mean attorney fees compounding things, win or lose. You could either on your own or through an attorney consider all options other than a lawsuit and weigh which... View More

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2 Answers | Asked in Contracts and Entertainment / Sports for Michigan on
Q: Can I sue a app that causes my music career to be slowed? There not doing what they're paid for.

Paid this app that's connected to my distributor to give my song 500 plays to get notice more, 500 plays in 7 days, after few days only couple plays asked them what was wrong, they said, were updating our systems and you get a boost now.

Well it's been 2weeks and nothing!... View More

James L. Arrasmith
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answered on Nov 18, 2023

If you paid for a service from an app that was supposed to increase plays for your music, and they failed to deliver as agreed, you may have grounds for a lawsuit. This situation could potentially be viewed as a breach of contract if the app did not fulfill the terms of the agreement you entered... View More

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2 Answers | Asked in Entertainment / Sports, Intellectual Property and Trademark for New York on
Q: Can I trademark my music groups name, even if it’s trademarked for other companies that aren’t music related?
James L. Arrasmith
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answered on Nov 17, 2023

Yes, you can trademark your music group's name even if it's already trademarked in other, non-music-related industries. Trademarks are generally industry-specific, meaning the same name can be used in different industries without issue, as long as there's no likelihood of consumer... View More

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2 Answers | Asked in Entertainment / Sports, Intellectual Property and Trademark for New York on
Q: Can I trademark my music groups name, even if it’s trademarked for other companies that aren’t music related?
Kirk Theodore Schroder
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answered on Nov 29, 2023

Yes, you can trademark your music group's name even if it is already trademarked for other companies in non-music-related industries. Trademarks are granted within specific classes of goods and services. If your music group's name does not conflict with existing trademarks in the music... View More

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2 Answers | Asked in Entertainment / Sports and Intellectual Property for Maryland on
Q: I am signing up with a music library. They sent over a writer’s agreement that mentions a $1 buyout fee. What is this?

It also mentions a writers share. Would this be the “pay” for music I send to them going forward? Is a buyout fee standard in music licensing?

James L. Arrasmith
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answered on Nov 8, 2023

A $1 buyout fee in a writer's agreement usually indicates that the music library is paying you a nominal sum for the rights to your music. Essentially, they're buying out your composition for a very small fee, which often means you may not receive future royalties from that piece.... View More

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2 Answers | Asked in Banking, Contracts and Entertainment / Sports for Tennessee on
Q: I am wanting to find out if any entertainment contracts have been fraudulently signed in my name or who approved the use

Of my insinuated self through the Kardashian -Jenner family and the Ozboure's family on TV shows and CNN etc. How do I find out if such contracts exists

David H. Relkin
David H. Relkin
answered on Nov 1, 2023

You should retain counsel to demand copies of all contracts. You have your suspicions about fraud and you should discuss the facts underlying these suspicions with counsel. Your prior contracts should be provided to counsel to review to identify to whom such demands should be made.

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2 Answers | Asked in Banking, Contracts and Entertainment / Sports for Tennessee on
Q: I am wanting to find out if any entertainment contracts have been fraudulently signed in my name or who approved the use

Of my insinuated self through the Kardashian -Jenner family and the Ozboure's family on TV shows and CNN etc. How do I find out if such contracts exists

Kirk Theodore Schroder
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answered on Nov 29, 2023

To investigate whether entertainment contracts have been fraudulently signed in your name, or to find out who authorized the use of your implied self in connection with the Kardashian-Jenner and Osbourne families on TV shows and networks like CNN, you should take the following steps:... View More

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1 Answer | Asked in Copyright, Entertainment / Sports and Intellectual Property on
Q: Am I allowed to use a trailer of a movie(snippets of it) in a commercial webinar that gets recorded and sold?

I am doing a webinar for a commercial company in America, and basing the Strategic Selling course on a case study of the Michael Jordan and NIke deal. There is a film that has trailers on YouTube am I allowed to use snippets of that in the talk and recording or who do I ask permission to use or not?

James L. Arrasmith
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answered on Oct 31, 2023

Using copyrighted material, including movie trailers, without permission in a commercial setting can constitute infringement. Fair use might be a defense if the use is transformative, such as for commentary, criticism, or education, but commercial use can weigh against a finding of fair use. If... View More

1 Answer | Asked in Copyright, Entertainment / Sports and Intellectual Property for Texas on
Q: Besides the IP itself; What do I need to sell an IP to a broadcasting company?

I'm planning to create an IP of and episodic TV show and am planning on giving the company full creative control, apart from a creation credit, if possible. However, I'm not entirely sure what I need, besides the IP of course.

James L. Arrasmith
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answered on Oct 26, 2023

To sell an IP to a broadcasting company, beyond the intellectual property rights, you should have a well-structured pitch or presentation that outlines the concept, target audience, and potential value of the TV show. A clear and compelling pilot script or episode outline can significantly enhance... View More

1 Answer | Asked in Entertainment / Sports for California on
Q: Searching for the proper royalty credits in this case.

Original agreement -music producer who is also a well-known musician, wanted to do a project pro bono with me, ran into some funding and this made it possible to get excellent session players, also very well known, they were all paid for their work as session players, so they are not considered in... View More

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answered on Oct 21, 2023

When collaborating on a musical project, royalty splits are typically governed by the agreement between the parties. In the absence of a written agreement, contributions to the underlying composition (i.e., the songwriting) and the sound recording (i.e., the actual performance and production) are... View More

1 Answer | Asked in Entertainment / Sports and Gaming for Georgia on
Q: is i rage quiting if my friend quits a game because he was mad and threw his rubiks cube at a wall and left to go clean

he continued to not play the game for a month

typo at the begining i was suposed to be it

T. Augustus Claus
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answered on Oct 19, 2023

If your friend quit a game out of frustration, threw his Rubik's cube at a wall, and left to clean, it could be considered a form of rage quitting, especially if it was driven by intense emotions. His decision to not play the game for a month afterward may also indicate that he needed a break... View More

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