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New York Entertainment / Sports Questions & Answers
2 Answers | Asked in Entertainment / Sports, Intellectual Property and Trademark for New York on
Q: What release forms do I need?

I just finished shooting a video with my friend and we're both minors. What release forms do I need and how/where can I get them?

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Aug 13, 2017

You may need a lawyer to draft such documents so that they're tailored to your needs. If you're a minor, then a parent may need to hire the lawyer for you. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an... Read more »

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1 Answer | Asked in Entertainment / Sports, Intellectual Property and Trademark for New York on
Q: What should I say to successfully obtain the rights for an abandoned/dead mark from the original trademark registrants?

I ran a search in TESS for a stage name that I would like to use and came across a DEAD (since 2007) trademark for it under the IC 009 category. They were using it for a "series of musical recordings..." which is what I would like to use it for.

I have found the contact... Read more »

Benton R Patterson III
Benton R Patterson III answered on Aug 7, 2017

You probably do not need anything from the original owner if the mark expired 10 years ago. Once a trademark expires, the registration terminates. The former owner no longer owns a federal registration. Although, there could be some other common law rights to the mark. To be certain the mark is... Read more »

1 Answer | Asked in Business Law, Entertainment / Sports, Intellectual Property and Internet Law for New York on
Q: is public access tv considered public domain?

i wanna post a rare interview from a public access tv show from the early '90's onto my YouTube channel but don't wanna get my channel deleted

Barry Eran Janay
Barry Eran Janay answered on Aug 7, 2017

Probably not, contact the shows producers and ask for permission / a license.

1 Answer | Asked in Contracts and Entertainment / Sports for New York on
Q: Can I collect a finders fee as a "Consultant" for introducing an investor to a producer for an animated tv series in NY?

New York governance in the agreement

Robert Philip Cogan
Robert Philip Cogan answered on Aug 3, 2017

If the introduction has not been made yet, a Finder's Fee Agreement is a good way to protect the consultant. There are formulas that are recognized as appropriate for determining the amount to pay the consultant.

If the introduction has already been made, it is necessary to consider...
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1 Answer | Asked in Entertainment / Sports for New York on
Q: Filming a doc,got an appearance release form signed, but he refuses to sign a location release,can I use any footage?

Hello, I hired some people to film an interview for my documentary, the footage is in the can. I got the interviewee to sign an appearance release but he refuses to sign a location release. He is basically holding the film hostage. -How important is the location release for a documentary,... Read more »

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Aug 2, 2017

If you use it without the location release, you may be inviting a lawsuit. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors,... Read more »

1 Answer | Asked in Entertainment / Sports for New York on
Q: My sixteen year old daughter signed a modeling contract without my consent. Is it legally binding, even if she's not 18?
Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Jul 26, 2017

A minor cannot consent to a contract, except for necessities. You may seek to rescind it. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards,... Read more »

2 Answers | Asked in Entertainment / Sports, Intellectual Property and Trademark for New York on
Q: How would I successfully go about obtaining a stage name, that was filed/abandoned (is DEAD) 10+ years ago?

I ran a search in TESS for the stage name that I would like to use and came across a DEAD trademark under the IC 009 category. They were using it for a "series of musical recordings..." which is what I'd like to use it for, however it was filed in March 2006, and abandoned in April... Read more »

Donovan A Rodriques
Donovan A Rodriques answered on Jul 25, 2017

You will need to conduct a search to see if the mark is still in use. A trademark may be still valid at common law despite being listed as "dead" at the USPTO. If the mark is in use you may contact the owner for permission to use it, via a transfer of rights or trademark license. If the... Read more »

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2 Answers | Asked in Copyright, Business Law, Entertainment / Sports and Intellectual Property for New York on
Q: Copyright reg: does 'authorship on appl' for 'entire work' protect music and vocals in a motion picture live recording?

I received the answer to my question so thank you.

Michael David Siegel
Michael David Siegel answered on Jun 27, 2017

You need to copyright the individual songs. What you did covers the video, but not the songs re-done on an album.

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1 Answer | Asked in Entertainment / Sports for New York on
Q: A group of friends are developing a video game - what's the best way to make sure we all get credit if we sell it?
Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Jun 25, 2017

You should hire a lawyer to draft a partnership agreement and IP agreement. An ounce of prevention is worth a pound of cure, said Ben Franklin -- and with good reason! More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an... Read more »

2 Answers | Asked in Entertainment / Sports for New York on
Q: Trying to find out what the common practice is for an agent's cut of a person's salary

- this is for my child who is interested in acting.

Jonathan Bradford Ripps
Jonathan Bradford Ripps answered on Jun 2, 2017

Hi there - an agent's commission can be between 10 and 20 percent, depending on what type of project is procured. Each agent or manager should have a commission structure in their agreement. I hope that helps!

Best,

Jon

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1 Answer | Asked in Entertainment / Sports for New York on
Q: Someone told me an E&O insurance policy is essential to have prior to negotiating a contract for my screenplay. What

benefits does it offer?

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on May 8, 2017

It depends on what type of duties you would have under the contract.

See: http://www.aeesq.com/business-law/art-law/

More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about...
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2 Answers | Asked in Entertainment / Sports for New York on
Q: What kind of licensing agreement should I have for a song I wrote and I'd like to sell?
Donovan A Rodriques
Donovan A Rodriques answered on Mar 30, 2017

That depends on who you would like to sell or license your song to. Your question is too vague for a proper answer. You should speak with an experienced entertainment lawyer.

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1 Answer | Asked in Entertainment / Sports and Copyright for New York on
Q: Do I fall under Fair Use if I get a shot of 3-5 second clip of the TV Show Pretty Little Liars in an online webseries?

it would stream on a Laptop on Netflix.

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Mar 19, 2017

It's doubtful. See: http://fairuse.stanford.edu/overview/fair-use/what-is-fair-use/

More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors,...
Read more »

1 Answer | Asked in Contracts, Copyright and Entertainment / Sports for New York on
Q: asked my artist not to use a exclusive beat i own and they performed it out of spite and won a sit down witha record co

this person is my artist they are under contract and we have had our differences but they choose todo things on there own is there any legal action i can follow up with since i had ask them not to use it in the first place

Aubrey Claudius Galloway
Aubrey Claudius Galloway answered on Mar 18, 2017

As long is the beat is properly copyrighted with the United States Library of Congress, a simple task that cost $35 plus attorneys fees, then they are clearly in the wrong and you can sue them... but not necessarily in contract. The only way you can sue them in contract is if you contracted with... Read more »

1 Answer | Asked in Entertainment / Sports for New York on
Q: My daughter isn't being allowed to play in the town little league - boys only. Anything I can do here?
Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Mar 11, 2017

This sounds like gender-based discrimination, and you may be able to file an administrative complaint with the town, if timely. Thereafter if your concerns are not satisfied, you may be able to sue. More details are necessary to provide a professional analysis of your issue. The best first step is... Read more »

1 Answer | Asked in Entertainment / Sports and Intellectual Property for New York on
Q: Q: I produced a show. A poet read and a band played. Someone videoed it. Do I have any rights to the video?
Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Jan 23, 2017

It depends on whether there were any express restrictions re: video-taping the show or whether there was any agreement re: the same. Was it a public or private show? The facts are important. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials,... Read more »

1 Answer | Asked in Copyright, Entertainment / Sports, Intellectual Property and International Law for New York on
Q: Can I use Beyonce's song and make it funny like: Artist "Reyonce" doing Beyonce Cover (example) or any famous artist?

The funny remakes (karaoke version) of different artists will be used to sell "Reyonce's products). (This is not a real name, using it just as an example). Thank you.

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Jan 19, 2017

There's a fine line between infringement and fair use (e.g., parody) of a copyrighted song. The best first step is an Initial Consultation with an Attorney. You can read more about me on my law practice website. This answer does not constitute legal advice; make any predictions, guarantees, or... Read more »

1 Answer | Asked in Contracts and Entertainment / Sports for New York on
Q: What is the right agreement/contract to promise compensation/work on the condition they perform a pre-agreed upon task?

We are in the first round of raising front money funds for a theatrical production. Our director is uniquely positioned to reach key investors. We could like to draft an agreement that states if she is able to meet our initial fundraising goal by bringing the right investors to the table, she is... Read more »

Michael David Siegel
Michael David Siegel answered on Nov 24, 2016

There is not a "form" you can use, but such an agreement can be drafted. It would not need to be that complex.

1 Answer | Asked in Entertainment / Sports, Intellectual Property and International Law for New York on
Q: Can one use SNAP! and CRACKLE! as part of a tagline in a non-food related industry legally despite Kellogg trademark?
Robert Jason De Groot
Robert Jason De Groot answered on Aug 31, 2015

Just a question, no facts? Attoneys deal with facts and the law, and without sufficient facts we cannot apply the law. What you probably need to do is go see a trademark attorney about this for a full discussion.

Q: Reopening Civil Rights Case postmortem

A friend filed a pro se lawsuit in federal court about 4 years ago.The judge immediately dismissed the case with prejudice, without the defendant filing an answer or motion . However, the plaintiff didn't mail the order of the judge dismissing the case to the defendant, and the plaintiff... Read more »

Robert Jason De Groot
Robert Jason De Groot answered on Aug 10, 2015

Probably not.

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