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Entertainment / Sports Questions & Answers
1 Answer | Asked in Contracts, Copyright, Entertainment / Sports and Trademark for Alabama on
Q: Do I (the producer) own the rights to an artist’s image/likeness/master recordings?

I produced (recorded, mixed, mastered, published, etc) two albums and numerous music videos for an artist. We were a team and were good friends. The artist willingly allowed me to record him, video him, photograph him, etc. and post it all on my website and social media pages many times. No... View More

Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on Dec 4, 2017

Unless the artist agreed to convey to you the property you don't own it. You might try to enforce some contract by course of dealing, or attempt to show that he gave the work away, but you are going to learn a lesson in doing things without an agreement in place.

1 Answer | Asked in Entertainment / Sports for New York on
Q: Does my band need to have an internal band contract? Should we consult with an attorney about that?
Jonathan Bradford Ripps
Jonathan Bradford Ripps
answered on Nov 17, 2017

Hi - you need to think of your band as being similar to a marriage. If there are assets (equipment, recording contract or incoming revenue streams), and there is a breakup, there are going to be disputes on how the assets will be split up. If you are in that position, congrats! That indicates that... View More

1 Answer | Asked in Copyright, Entertainment / Sports, Internet Law and Trademark for California on
Q: I'm considering developing an app that will use pictures and voice clips of celebrities. Am I in danger of being sued?

I'll be using photos and audio clips from the internet. I don't want to go through the hassle of trying to get permission if I don't have to but I don't want to get sued. The app will be free and make money from ad revenue. I'm worried that using someones likeness makes... View More

Robert P. Cogan
Robert P. Cogan
answered on Nov 16, 2017

If you choose the correct celebrity you can expect to be sued. California gives celebrities a "right of privacy." The law generally does not allow violation of rights just because the violator not want the "hassle" of obeying the rules.

1 Answer | Asked in Civil Rights, Entertainment / Sports and Small Claims for California on
Q: I let a person borrow a camera I bought from her. Now she hasn’t replied me, I only have her number and license plate.

In July, I saw on the app OfferUp that a girl was selling a camera for only $100. So I bought it. Two weeks ago, she messages me that she needed it for the weekend cause her parents still think she had it. I said okay, as long as there was a collateral or knowing I’ll get it back.

We met... View More

Louis George Fazzi
Louis George Fazzi
answered on Nov 6, 2017

It appears you have learned a hard lesson. Take the jewelry that she gave you as collateral to a jewelry store and see what kind of price you can get for each piece. Then go to your local target store and buy yourself a good inexpensive camera. Either that or get yourself a decent iPhone, which... View More

1 Answer | Asked in Entertainment / Sports for Florida on
Q: I'm an actor - what are the reasons for having both an agent and an entertainment law attorney?
Terrence H Thorgaard
Terrence H Thorgaard
answered on Oct 3, 2017

Same reason that any business might have salespersons, as well as an attorney to draft sales contracts, and litigate alleged breaches of such contracts.

1 Answer | Asked in Divorce and Entertainment / Sports for New Jersey on
Q: My friend's divorce procedure has been in court for almost a decade. What can she do?

I'm asking this question on behalf of a dear friend. She is a woman whom the state of New York has declared disabled. She has gone though two brain surgeries. In the years the trial has dragged on the arrears owed by her husband (who works in the entertainment industry) has amassed to... View More

Bari Weinberger
Bari Weinberger
answered on Oct 2, 2017

Hello and thanks for asking your question for a friend. It is a shame that this situation has dragged on for so long and it is surely something that should be avoided if at all possible. It is really very difficult to answer you with an great specificity without knowing all the ins and outs of your... View More

1 Answer | Asked in Entertainment / Sports for Florida on
Q: How do trademarks and copyright differ?
Ayesha Chidolue
Ayesha Chidolue
answered on Oct 24, 2017

Well a trademark protects items that help identify a brand such as the name, logo or slogan of the brand. Copyright on the other hand protects literary and artistic works, such as books, artwork and videos etc. For both of these you can’t protect an idea that’s only in your head but there are... View More

1 Answer | Asked in Business Formation and Entertainment / Sports for Pennsylvania on
Q: I want to start a gospel record label. Should it be llc. or 501c?
Peter N. Munsing
Peter N. Munsing
answered on Sep 1, 2017

You need to have a cpa advise you. At the initial stage it may not matter much. Consulting a copyright attorney would be a good thing too.

1 Answer | Asked in Entertainment / Sports, Internet Law and Intellectual Property for Washington DC on
Q: Is it a copyright infringement having a puppet sing a line from Whitney Houston song in a video for a nat'l contest?

The video will be posted on social media and the winner will receive scholarship money for college.

Donovan A Rodriques
Donovan A Rodriques
answered on Aug 31, 2017

It probably is. You should get clearance first. Best of luck!

1 Answer | Asked in Consumer Law, Entertainment / Sports and Internet Law for Kentucky on
Q: Is it legal to sell vintage (1960's) pulp/sleaze/erotica paperbacks & trading cards online from Kentucky?

My boyfriend's friend gave him a box of vintage sleaze/erotica paperbacks and trading cards. My bf wants to sell on Amazon & Ebay, which is okay, according to their policies. Is it legal to sell them from Kentucky?

Benton R Patterson III
Benton R Patterson III
answered on Sep 27, 2017

This is most likely alright. If you legally acquired the paperbacks and trading cards, you are free to resell them. The first sale doctrine allows people to resell what the purchase without restriction from the copyright or trademark owner. Although, if they are adult materials, you cannot sell... View More

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,
Ali Shahrestani,
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... View More

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1 Answer | Asked in Copyright and Entertainment / Sports for California on
Q: For a copyright lawyer: Which liscenses do I have to get when posting music covers on Youtube?

Looking for some advice from a copyright lawyer that I can potentially stake my life on.

I know for covers in general, licenses discussed are usually mechanical, sync, and I've seen mentions of Master Use licenses.

For posting a cover purely on Youtube, without monetization,... View More

Robert P. Cogan
Robert P. Cogan
answered on Aug 7, 2017

"Looking for some advice from a copyright lawyer that I can potentially stake my life on." Did you want this for free? Did you want an answer that was short enough to fit in this box? Did you want the attorney to answer this without getting further information? It is possible that your... View 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 E. Janay
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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 P. Cogan
Robert P. 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...
View More

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,... View More

Ali Shahrestani,
Ali Shahrestani,
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,... View More

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... View 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... View 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... View 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... View More

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1 Answer | Asked in Copyright, Entertainment / Sports and Trademark on
Q: How is a work of fiction like The Walking Dead legally allowed to feature an organization like the CDC?

In that same thread, how is a videogame like Deus Ex allowed to feature and reference an organization like FEMA? What are the rules regarding the use of these US federal government agencies in a work of fiction?

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

The particular use of the organizations may be "nominative fair use" or protected by First Amendment interests in artistic expression. Read the following article for an in depth analysis: http://rodriqueslaw.com/blog/how-use-brands-and-products-film

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,
Ali Shahrestani,
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,... View More

2 Answers | Asked in Entertainment / Sports for California on
Q: Do agents have any legal obligations to you once you've signed with one?
Robert P. Cogan
Robert P. Cogan
answered on Jul 24, 2017

If you have signed with an agent it means that there is a contract. Contracts includes terms and conditions. Usually the terms specify the legal obligations of both you and the agent. There also may be obligations that apply under the law even if they are not spelled out in the contract. It appears... View More

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