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California Entertainment / Sports Questions & Answers
2 Answers | Asked in Copyright and Entertainment / Sports for California on
Q: Can I show the title and author of book in my short film if i don't' use the cover art?

The film is about a pregnant woman and the camera pans to show some of the pregnancy and parenting books she is reading. The books are not mentioned or quoted, only the titles and authors are shown. The plan is to create our own cover art but use the actual titles and authors.

James L. Arrasmith
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answered on Apr 6, 2024

In most cases, simply showing the title and author of a book in a film without using the cover art would be considered fair use and not require permission from the copyright holder. This is because you are not reproducing a substantial portion of the copyrighted work.

However, there are a...
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1 Answer | Asked in Entertainment / Sports, Social Security and Tax Law for California on
Q: I went to the casino & won $2,000 then went again & won $2,000 & $4,000 I’m on SSI do I need to report that to SSI ?
James L. Arrasmith
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answered on Mar 19, 2024

If you're receiving Supplemental Security Income (SSI), it's important to understand that this program has strict rules about reporting income and assets. Winnings from gambling, such as the $2,000 and $4,000 you mentioned, count as income in the month they are received and could be... View More

2 Answers | Asked in Entertainment / Sports and Intellectual Property for California on
Q: My father was a Hall of fame football player some companies are using his image and making your own sports cards do they

DO they need my permission TO use his image and name to make money without my authorization. Do they need my permission YES or NO ?? Thank's very much. George... View More

James L. Arrasmith
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answered on Feb 28, 2024

Under California law, the use of a person's image or name for commercial purposes without permission could infringe on their right of publicity. This right extends to celebrities and public figures, allowing them to control how their persona is used commercially. It's designed to prevent... View More

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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

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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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

James L. Arrasmith
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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

3 Answers | Asked in Copyright, Entertainment / Sports and Intellectual Property for California on
Q: Can I legally create an app for watching movies and shows together from various streaming platforms?

This app allows you to log in using profiles from various streaming services like Netflix, Max, Disney+, and more. It enables you to watch movies and TV shows with friends and family, not through screen sharing, but together in a shared viewing experience.

The app will store copies of all... View More

Julie C Hancock
Julie C Hancock
answered on Sep 21, 2023

The app storing copies of all available movies and shows on your server is going to be an issue - this amounts to unlawful copying and performing of a copyrighted work without permission. You should consult a copyright attorney to better understand your legal options.

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1 Answer | Asked in Entertainment / Sports and Internet Law for California on
Q: Dear Sir or Madam, My private messages from Facebook were stolen to make entertainment media. What can I sue them for?

I have proof that the entertainment media in question is about me.

I have been victim of emotional distress. Where due to leaking of my private information, I have been divorced, & i have gotten mentally ill.

I was studying Electrical Engineering with minors in Chemistry, I had... View More

James L. Arrasmith
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answered on Sep 10, 2023

Here are the potential legal avenues you might explore:

1. What can I sue them for if my private messages from Facebook were stolen to make entertainment media?

Under California law, you might consider pursuing a case for invasion of privacy, intentional infliction of emotional...
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2 Answers | Asked in Copyright, Entertainment / Sports and Intellectual Property for California on
Q: is it illegal to create an app where users can upload their own mp3 files and play it back, the files are private to the
T. Augustus Claus
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answered on Sep 1, 2023

Creating an app where users can upload and play back their own MP3 files can be legally complex. The legality depends on various factors, including copyright law and privacy considerations. To ensure compliance, it's crucial to address copyright issues by verifying that users have the legal... View More

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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 Internet Law, Civil Rights, Constitutional Law and Entertainment / Sports for California on
Q: Can certain subjects be illegal to write about in fictional stories?

I published a book on a story sharing website that focuses on the long term effects of sexual abuse. The main character is a 16 year old girl and her abuser is much older. There are some graphic sexual scenes, but they’re to paint just how horrible her situation is. I understand it’s a... View More

James L. Arrasmith
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answered on Aug 14, 2023

While fictional works often receive protection under the First Amendment, certain subjects, particularly those involving explicit sexual content or minors, can raise legal concerns. If your story contains explicit content involving a minor, it could potentially be subject to laws addressing child... View More

1 Answer | Asked in Copyright, Entertainment / Sports, Intellectual Property and Internet Law for California on
Q: What type of licence would I need to film a concert and upload the recording on a pay-per-view based platform?

What types of licenses are required to:

1. film a concert

2. subsequently keep it in an archive to be uploaded as a recording

3. recording will be released to public on a platform that offers pay-per-view subscriptions?

also, what are the potential legal issues could... View More

James L. Arrasmith
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answered on Aug 14, 2023

To film a concert, you would likely need a performance agreement or license from the event organizer, allowing you to record the event.

Archiving the recorded concert may require obtaining the performers' consent and potentially negotiating a licensing agreement, especially if you plan...
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1 Answer | Asked in Entertainment / Sports and Business Law for California on
Q: I have a graphics company and have teamed with a certifed NIL agent and want to produce sports trading cards what legal?

Since NIL is fairly new what are the boundries of using photos, guarding the players Name Image and Likeness. The Sports Cards are custom made and packaged for the athlete. This a specialty business on a new platform. Each card is customized for the platform

James L. Arrasmith
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answered on Jun 20, 2023

When producing sports trading cards that feature athletes' Name, Image, and Likeness (NIL), it's important to obtain proper consent from the athletes and ensure compliance with licensing agreements and copyright laws. Stay updated on NIL regulations specific to your jurisdiction and... View More

1 Answer | Asked in Business Law, Collections and Entertainment / Sports for California on
Q: Hi. An Indian citizen here. I wanted to inquire about how to proceed with a pending invoice still not paid by agency.

The entertainment agency is based in California but I'm from India. It's been over 3 months yet the invoice hasn't been paid. As a freelancer I'm not able to afford a lawyer yet. Kindly advice on what to do.

James L. Arrasmith
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answered on May 31, 2023

In your situation, where you are based in India and the entertainment agency is located in California, there are a few steps you can consider taking. First, initiate direct communication with the agency, preferably in writing, to remind them of the outstanding invoice and politely request payment.... View More

2 Answers | Asked in Contracts, Employment Law and Entertainment / Sports for California on
Q: If a person signs a contract isn't it there legal right to have a copy of it?

A porn actress signed a long term contract for a specific amount of money yrly. That amount hasn't been paid. She's asked for a copy of her contract. The production company refuses to provide it. What has to be done to force the company to produce the contract?

Maurice Mandel II
Maurice Mandel II
answered on May 21, 2023

Your question crosses several areas of law- Contract, employment and entertainment law, so the answer is not so easy or quick. Basically the answer is "YES" the entertainer is entitled to a copy of the contract and any other documents they filed, this would be part of an employment file... View More

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1 Answer | Asked in Entertainment / Sports and Gaming for California on
Q: Could i sue Mobile Strike if they banned me without explanation of what terms i broken and i spent $20k on their game.
James L. Arrasmith
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answered on Apr 25, 2023

It may be possible to pursue legal action against Mobile Strike if they banned you without explanation of what terms you broke and you spent $20k on their game. However, the success of such a lawsuit would depend on several factors, including the terms of service that you agreed to when signing up... View More

Q: I am an artist, can I recreate royalty free pictures of professional sports teams via sketch art and sell them on Etsy?

I am considering creating a series of sketch art based on professional sports teams, e.g. Baseball, Football, Basketball, Hockey, Soccer etc... Just want to make sure I won't be sued if I create these using royalty free images and sell them online on digital market places like Etsy or Amazon.

N'kia (NLN)
N'kia (NLN)
answered on Apr 1, 2023

The terms of the copyright "license" will dictate how royalty free content can be used. Using content in a way that the license doesn't authorize it to be used will run afoul of the law.

Sports teams are notorious for going hard in the paint to prevent others from misusing...
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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!

James L. Arrasmith
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answered on Mar 22, 2023

If you were used in a SAG commercial without a contract or knowledge, you may have legal claims against the company for unauthorized use of your image and likeness, which can violate your right of publicity. You may also have claims for breach of contract, as the commercial was produced without a... View More

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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

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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

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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