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California Entertainment / Sports Questions & Answers
1 Answer | Asked in Copyright, Entertainment / Sports, Intellectual Property and Trademark for California on
Q: Semi-famous relative passed away.

While family was occupied with final arrangements/grieving, a third party filed for licensing to the name and image my relative went to extreme lengths to protect in life. So now essentially this person owns my relative. The family does not have the financial resources for a court battle. We simply... View More

Barbara Berschler
Barbara Berschler
answered on May 18, 2020

My understanding is that California has strong laws that protect the Right of Publicity (right to exploit one's fame for famous people) and Right to Privacy. It would be good to get advise from a California attorney familiar with these 2 torts. The laws may allow you to collect... View More

1 Answer | Asked in Copyright, Entertainment / Sports and Intellectual Property for California on
Q: Am I allowed to use a verbally spoken speech or spoken poetry in my music?

I'm currently working on a soundtrack and considering using a verbally spoken speech.

Evelyn Suero
Evelyn Suero
answered on May 12, 2020

If the speech or poetry does not belong to you, then you will need to obtain permission/license from the copyright owner in order to incorporate this intellectual property into your soundtrack.

1 Answer | Asked in Family Law, Civil Rights, Constitutional Law and Entertainment / Sports for California on
Q: How can I find out if someone has power of attorney over me?
Mit Winter
Mit Winter
answered on Feb 14, 2020

A power of attorney is a document that allows you to appoint a person or entity to oversee and manage your affairs. In order for a power of attorney to be legally binding, in most states you must sign and have notarized an original power of attorney document that specifies exactly what powers your... View More

1 Answer | Asked in Employment Discrimination and Entertainment / Sports for California on
Q: If I signed a settlement agreement related to an entertainer I worked for, can I sue if the settlement was unfair?
Neil Pedersen
Neil Pedersen
answered on Jan 6, 2020

No one can really answer this question without learning far more about the situation. Only some general information can be provided here.

If you signed the settlement agreement it will take a very large burden for you to overcome to now try to undo that agreement. There are legal theories...
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1 Answer | Asked in Consumer Law, Entertainment / Sports and Gaming for California on
Q: Suing a game for fraud or getting back my payments!

Hello! I have played a game(Brutal Age) from 2019-01-31 And have spent $45647 on this game!

This game is simply not as advertised. The first 6 to 10 months were great imo. Been down hill for a while now. I’ve found that Chinese players cheated on this game and buy packs 0.1% what normal... View More

Jingzhan Wang
Jingzhan Wang
answered on Dec 23, 2019

who is the developer of the game? where it's located?

1 Answer | Asked in Copyright, Entertainment / Sports and Intellectual Property for California on
Q: Can a fake digital copy of the celebrity's voice be used in movies without permission from this celebrity?

Using machine learning technologies, a developer can create a synthesized copy of the celebrity's voice (for instance, like here https://youtu.be/DWK_iYBl8cA).

Can this developer use this fake digital voice in movies, mobile games, for songs, or any other video and sound content... View More

Marcos Garciaacosta
Marcos Garciaacosta
answered on Dec 3, 2019

Fake or real there needs to be authorization of the person whose voice or image is being used?

Permission is the key.

www.legalbizglobal.com

2 Answers | Asked in Contracts, Entertainment / Sports, Gaming and Personal Injury for California on
Q: how can we sue two companies named "EA Games" and "evenbalance" ?

Hello!

i am a gamer who plays Video games day by day.

recently i got banned by an anti cheat Company called punkbuster without any using of cheats.

while i have payed 180 $ for my game.(*** Note : i accept the price is small but it's not only me who is involved... two... View More

William John Light
William John Light
answered on Jul 26, 2019

Small Claims, at best.

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1 Answer | Asked in Copyright and Entertainment / Sports for California on
Q: I'm making an independent feature film and in the script I verbally reference work by other people.

Do I need to obtain clearance if the work is mentioned verbally and not actually seen on screen?. For example, if I have a line from a popular musical. Another example would be if I just mention a Television channel, like National Geographic?

Robert P. Cogan
Robert P. Cogan
answered on Jul 23, 2019

The copyright statute covers the form of expression in the work and not the ideas in it. Factual reference to an item is usually not infringement. However, it is difficult to tell what you mean by "verbally reference." Are you referring to the mention of a painting or are you repeating... View More

1 Answer | Asked in Entertainment / Sports for California on
Q: on a 3% gross royalty of SLRP for $50 w/ $10 poster merch, is the producer entitled to 3% of $50 or 3% minus merch costs

on a 3% gross royalty of SLRP for $50 w/ $10 poster merch, is the producer entitled to 3% of $50 or 3% minus merch costs

Jason Brooks
Jason Brooks
answered on May 1, 2019

It depends on how "Gross Royalty" is defined in the contract. It's not uncommon to allows for deductions for actual expenses which could include your hard costs for merch, but if it's not specifically stated in the contract, then the inference would be 3% of the total royalty... View More

1 Answer | Asked in Consumer Law, Animal / Dog Law and Entertainment / Sports for California on
Q: I was wondering about the carry legalities of Spears in CA. Do I need permits/certification/job necessity to carry them?

I’m planning on having a couple spears made (Heritage purposes). One as a family heirloom to pass down, and one for hunting/recreational purposes. Is it even legal to hunt with spears?

William John Light
William John Light
answered on Apr 12, 2019

Hunting opportunities in this state with a spear and/or atlatl are limited. No big or small game species could legally be taken with one. However, animals that are classified as "non-game" species could be (coyotes, rodents, opossum, etc). You would first need to obtain a hunting license.... View More

2 Answers | Asked in Contracts and Entertainment / Sports for California on
Q: background actor won't sign release form for video?

WE were shooting a scene with an actor in a bar who was playing an extra, he agreed to be in the video and as we ran out of release forms we agreed to send him a copy via email. Days later he had a change of heart about signing and contacted his lawyer that he wants me to talk to directly in... View More

Thomas A. Grossman
Thomas A. Grossman
answered on Apr 8, 2019

I practiced intellectual property law for several years. The general rule is that if a person in the background of a movie scene is unrecognizable, they probably cannot sue for anything. However, the company's promise to send him a contract complicates matters somewhat, and could come up in... View More

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3 Answers | Asked in Civil Rights, Consumer Law, Personal Injury and Entertainment / Sports for California on
Q: Do I have a viable claim against the theater or MPAA for negligence not accommodating a class protected by ADA et al?

I suffer from blood-injury-and-injection phobia and anxiety.

Sunday afternoon I was at a Regal theater to watch a drama film. To my surprise, graphic content full of blood and lifelike surgeries started playing. With nausea overwhelming me I proceeded towards the exit. I sensed the coming... View More

Dale S. Gribow
Dale S. Gribow
answered on Apr 4, 2019

much more info needed.

I have never heard of a condition like yours and suspect it is incumbent on YOU to check on films you go to see to be sure there are no scenes that could hurt you.

anyone can sue at any time for anything but I certainly would not accept the case on a...
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1 Answer | Asked in Entertainment / Sports for California on
Q: If Someone Owes A Bookie, Is This Person Legally Obligated To Pay? And Would If The Bookie Decided To Track This Person?

The person is down $3500 and doesnt have the money to pay, this person is scared that if he cant pay, that the bookie would come after him. Is this legal? What should This Person do if he cant pay at all? And how can he stay safe after letting the bookie know?

Ali Shahrestani,
Ali Shahrestani,
answered on Feb 4, 2019

Was this a legal bet or part of illegal gambling activities? If you're facing assault or worse, you can report this to the police. If you're guilty of illegal gambling as well, you might face related criminal charges yourself. More details are necessary to provide a professional analysis... View More

1 Answer | Asked in Entertainment / Sports for California on
Q: What should I be aware of re: ownership if I submit an unsolicited screenplay to a studio?
Jason Brooks
Jason Brooks
answered on Dec 6, 2018

I would register your screenplay with the US Copyright office BEFORE submitting it anywhere. The age old "poor man's copyright" (i.e. mailing the creative work to yourself and keeping in a sealed envelope) doesn't really protect you like a valid copyright registration does, nor... View More

1 Answer | Asked in Entertainment / Sports for California on
Q: What is the difference between a litigation and transactional entertainment lawyer?
Jason Brooks
Jason Brooks
answered on Sep 25, 2018

"Litigation" refers to the filing of lawsuits (i.e. courtroom lawyers), whereas "Transactional" refers to general business and legal affairs of a person or entity (i.e. negotiation,drafting and review of contracts; and other deal making).

Often times an entertainment...
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1 Answer | Asked in Entertainment / Sports for California on
Q: If a nonprofit owns a film, but gives a portion of the revenue to the filmmakers, who truly owns it?
Donovan A Rodriques
Donovan A Rodriques
answered on Aug 9, 2018

How does the agreement between the filmmakers and nonprofit treat the issue of ownership of the film? How do you know the nonprofit owns it? Are there any documentation evidencing copyright ownership of the film?

1 Answer | Asked in Entertainment / Sports for California on
Q: Do screenwriters need any sort of professional liability insurance?
John Espinosa
John Espinosa
answered on May 12, 2018

Yes, a professional liability insurance policy also known as errors and omissions. Can you do business without it? Sure, but then you take the risk.

1 Answer | Asked in Entertainment / Sports and Gaming for California on
Q: I own a gaming website that blogs and reviews to promote gaming companies.

My question would be am I allowed to take my own in-game screenshots and use these images on my websites to avoid copyright infringements or violations? I have scoured the internet to find a reasonable and safe way to use images from big game titles. If this is not allowed are there any way... View More

Carrie A. Ward
Carrie A. Ward
answered on Mar 27, 2018

You will need permission from the gaming companies to use images of their game that you are using in a promotional context. Taking screenshots from your own game and then using them for commercial purposes is not advisable.

1 Answer | Asked in Civil Rights, Entertainment / Sports and Small Claims for California on
Q: Paid for something I didn't get! What sure I do?

It was my daughters quinceanera my family was through some bad times my husband had got hurt at worked and he had to be hospitality and was in need to be in a wheelchair for a few months for recovery! So our budget had gotten really small for my daughters quince! Came across a DJ for the party at a... View More

Louis George Fazzi
Louis George Fazzi
answered on Mar 12, 2018

Incomplete information, i.e. you ended before you asked the question or indicated what went wrong.

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