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California Entertainment / Sports Questions & Answers
2 Answers | Asked in Contracts, Employment Discrimination and Entertainment / Sports for California on
Q: I was used in a SAG commercial without contract or knowledge. Huge company ran it worldwide for years. Legal theories?

Answered, thank you!

Brad S Kane
Brad S Kane
answered on Mar 22, 2023

Unfortunately, the statute of limitations for unauthorized use for commercial purposes or the common law tort of invasion of privacy is 2 years from the date of the first publication. Thus, it is likely those claims are time barred.

Assuming you are a SAG member and it is a SAG contract,...
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1 Answer | Asked in Copyright, Entertainment / Sports and Intellectual Property for California on
Q: Can I sell products that incorporate names/quotes from a television series?

I operate a Facebook group based on a popular television show, and it has grown to over 100,000 members. We are considering monetizing the group to sell apparel, accessories, etc. with quotes and graphics from the show. What is considered copyrighted material, and therefore not able to monetize,... View More

James L. Arrasmith
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answered on Mar 1, 2023

If you are considering monetizing products based on a popular television show, you should be aware that many elements of the show, including quotes, characters, and names, may be protected by copyright law. The copyright owner of the show has the exclusive right to reproduce, distribute, and... View More

1 Answer | Asked in Entertainment / Sports for California on
Q: Is pro wrestling (with predetermined outcomes like WWE and AEW) regulated by Athletic Commission in California?
James L. Arrasmith
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answered on Feb 20, 2023

Yes, professional wrestling (including WWE and AEW) is regulated by the California State Athletic Commission (CSAC) in California. The CSAC oversees the health and safety of participants and enforces rules and regulations related to professional wrestling events in the state. This includes... View More

2 Answers | Asked in Copyright, Entertainment / Sports and Intellectual Property for California on
Q: what is the copyright law on an someone performing another artists song on social media?
James L. Arrasmith
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answered on Feb 20, 2023

In general, copyright law gives the owner of a copyright the exclusive right to perform the work publicly. This means that if someone performs another artist's song on social media without permission, they may be infringing on the artist's copyright.

However, there are some...
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1 Answer | Asked in Entertainment / Sports and Gaming for California on
Q: If I make a Car Quiz mobile game will I get in trouble? I don't have any permission from any brand, but isn't a racegame

Also I would like to put the cars in Cards, and Packs where you can find them, so It became also a card collecting game

James L. Arrasmith
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answered on Feb 20, 2023

If you create a mobile game that uses images or trademarks of car brands without permission, you may be infringing on the intellectual property rights of those brands. This can potentially result in legal action being taken against you.

To avoid potential legal issues, it is recommended...
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2 Answers | Asked in Entertainment / Sports and Gaming for California on
Q: I got an offer to play a game for money if I reached the goal in 21 days. They have paid me before for other game offers

This time it’s the run around for like 3-4 weeks they said it would be resolved in 10 days. Now they have stop replying to my emails. I was really depending on that money, now it’s costing me money I don’t have.

Louis George Fazzi
Louis George Fazzi
answered on Feb 5, 2023

You can contact the Labor Commissioner's office by going to their website (https://www.dir.ca.gov/dlse/). Once you get to the main page, click the link for labor law and then click the link for Wages, where you will find out how to file your wage claim. If they can help with your situation,... View More

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2 Answers | Asked in Entertainment / Sports and Gaming for California on
Q: I got an offer to play a game for money if I reached the goal in 21 days. They have paid me before for other game offers

This time it’s the run around for like 3-4 weeks they said it would be resolved in 10 days. Now they have stop replying to my emails. I was really depending on that money, now it’s costing me money I don’t have.

James L. Arrasmith
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answered on Feb 20, 2023

If you entered into a contract with the company to play the game for money and there was an agreement on payment terms and conditions, then the company is legally obligated to fulfill their end of the bargain. If they have failed to do so and are not responding to your emails, you may want to... View More

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1 Answer | Asked in Copyright and Entertainment / Sports for California on
Q: Can my clipsite store be completely terminated for DMCA even if I was never warned or able to defend myself

I had a clupstore open on an adult clipsite. I was able to upload MP3 audios and get paid when people purchased them . One day out of nowhere I received an email from the clipsite I did business with and it simply said that my store was permanently terminated and closed due to DMCA. I had never... View More

Lindsay Gunn Spiller
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answered on Dec 27, 2022

Using film clips owned by someone else without their authorization violates the copyright. If the film clip was posted online, it might be taken down through the Digital Millennium Copyright Act (DMCA). The DMCA allows individuals to file a complaint with website administrators when they believe... View More

1 Answer | Asked in Entertainment / Sports and Gaming for California on
Q: Online marble race with bidding entry and paid power-ups legal?

Presume an online livestream of a digital marble race. There are no stakes for winning besides a score for the player on a small leaderboard visible on-screen at all times. Viewers may enter the race by sending a chat message during the setup for the next race. It's first-come first-serve (up... View More

James L. Arrasmith
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answered on Aug 25, 2023

I am not aware of any specific California law that directly addresses this specific scenario. However, hosting an online marble race with bidding entry and paid power-ups could potentially raise legal and regulatory issues related to gambling, contests, and online gaming. It's advisable to... View More

1 Answer | Asked in Copyright and Entertainment / Sports for California on
Q: Will pages of a script used as illustration in an ebook on screenwriting be covered under Fair Use?

I'm writing a 30 to 40-page e-book for screenwriters on how to incorporate hidden movie Easter eggs in their scripts to deepen the meaning of their story and keep viewers coming back to see their movie over and over again.

I'm analyzing three particular movies. Within the... View More

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Oct 5, 2022

Copyright Disclaimer under section 107 of the Copyright Act 1976, allowance is made for “fair use” for purposes such as criticism, comment, news reporting, teaching, scholarship, education and research. Fair use is a use permitted by copyright statute that might otherwise be infringing.... View More

1 Answer | Asked in Employment Law, Employment Discrimination and Entertainment / Sports for California on
Q: How can I fight a no rehire status? I resigned didn't give 2 weeks now I'm at six flags with a no rehire status.

My father was septic then had a seizure so I left to take care of him. According to six flags policy I have to wait 2 years for a change. Please help thank you.

Brad S Kane
Brad S Kane
answered on Jul 22, 2022

You should have asked to take a leave of absence under the federal Family Medical Leave or California Family Rights Act Leave to care for a sick family member, instead just quitting without notice.

I suggest that you explain that you had the right to take an immediate legal protected...
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1 Answer | Asked in Copyright and Entertainment / Sports for California on
Q: Is it alright to use the Santa Cruz logo but change the name instead?
Marcos Garciaacosta
Marcos Garciaacosta
answered on Jun 30, 2021

No

You must consult with an attorney to evaluate your options and risks

2 Answers | Asked in Copyright and Entertainment / Sports for California on
Q: What are my chances with an Incidental Fair Use Defense? and how much to Defend my rights?

I'm a journalist with a Youtube channel that covers local news at Venice Beach. I did a 30-minute story on the reopening of Venice Skate park and during the story, you can hear 60 seconds of incidental music playing in the background. I received a copyright notice from the music owner.... View More

Robert P. Cogan
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answered on May 24, 2021

Based on the limited set of facts, this appears to be worth looking into. We are not allowed to seek business through the Q&A. You need to look someone up in the Justia Lawyer Directory. However, I would note that I work with LA County and Ventura County.

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1 Answer | Asked in Business Law, Contracts and Entertainment / Sports for California on
Q: Do I need an entertainment lawyer or a business lawyer?

I have a lot of intellectual property claims I would like to file.

I have businesses I would like to create.

I would like to know the legalities of them.

I want to find someone who is willing to work for a percentage.

Julie King
Julie King
answered on May 17, 2021

You would be best served hiring a law firm that has both intellectual property attorneys and business attorneys. If your business involves entertainment, then you may need an entertainment lawyer as well. But most business questions can be answered by a business attorney. Best wishes.

1 Answer | Asked in Employment Law and Entertainment / Sports for California on
Q: I will be at the end of a 3 year employment contract in LA. I do not want to re-sign. Is unemployment available to me?

Unemployment during my search for a new gig. Also if they offer me a new deal and I decline is unemployment available.

Neil Pedersen
Neil Pedersen
answered on Apr 25, 2021

If you refuse an offer of full time employment you will likely not qualify for unemployment insurance benefits. Unless you can prove the reason for your refusal falls within the good cause requirements of the EDD, your action will likely be considered a voluntary quit. If you are not offered a... View More

Q: Legality of filming illegal activities as a reporter?

Hi my girlfriend and I plan on starting an investigative journalism based YouTube account. We want to shoot a video called, “A look into the black market cannabis scene.” For this video we plan to interview black market cannabis dealers who work with cartels along with filming their operation.... View More

David Michael Lehr
David Michael Lehr
answered on Feb 9, 2021

You are safe. They are definitely not!

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2 Answers | Asked in Contracts, Copyright and Entertainment / Sports for California on
Q: How much ownership of music do I have when a producer does a different version of the music I originally created?

I wrote a song and did the music arrangement in Logic Pro X using many royalty free loops to create my song. If I work with a producer who does his own interpretation of my original song via new music production how much ownership do I have regarding the music content?

I copyrighted my... View More

Robert P. Cogan
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answered on Dec 23, 2020

"Influenced by your original song" may or may not be a derivative work. His audio needs to be compared to your work.

A split sheet is useful. You might want to use a collaboration agreement along with the split sheet.

Please also see my answer on Avvo.

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1 Answer | Asked in Entertainment / Sports for California on
Q: Entertainment law: need advice for True story

I am writing a book about a true crime story. Some details were published and newspapers and I have details that come specifically from the people who experienced it, including notes of actual conversations and emails. What changes do I need to make to protect myself legally from slander or related... View More

Robert P. Cogan
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answered on Dec 13, 2020

It is not really possible to catalog all the types of things that can be said and how to change the things that cannot be said. Each one needs to be reviewed in context. Changes involve legal judgments. The one true crime writer I am personally acquainted with is an attorney.

One way to...
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1 Answer | Asked in Business Formation and Entertainment / Sports for California on
Q: I need the services of a lawyer to review a 4 page LLC agreement for an entertainment project.
Jason Brooks
Jason Brooks
answered on Jul 29, 2020

I’d be happy to help. Email me at: jason@altviewlawgroup.com and we can set up a time to discuss this week.

1 Answer | Asked in Consumer Law, Business Law, Entertainment / Sports and Gaming for California on
Q: What's a precedent r/t purchasing in-game items, when $ spent and devs remove items and replace w inferior items?

I purchased an in-game package. After purchasing, developers removed all items purchased and replaced with inferior items, saying original pack was erroneously released. I would not have spent money at all on the inferior items they replaced my purchase with. They have a strict "All sales are... View More

Maurice Mandel II
Maurice Mandel II
answered on Jul 5, 2020

Sorry your product did not meet your expectations. This is a consumer/contract law question and the supplier failed to provide the product you contracted for. It sounds like you bought this online, so you must have paid with a CC. You should contact your CC company and create a dispute over the... View More

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