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Florida Entertainment / Sports Questions & Answers
1 Answer | Asked in Copyright, Entertainment / Sports, Gaming, Trademark and Intellectual Property for Florida on
Q: can I use an unrecognizable video game character to hit a block similar to Mario Bros?

On my website I'd like to have an unrecognizable character jump up and strike a block having an item come out of the block. The motion would be similar to the Mario bros. Would this create any copyright issues with Nintendo?

James L. Arrasmith
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James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 1, 2024

Using an unrecognizable character in a video game-like scenario, where the character jumps and hits a block to release an item, may still raise potential copyright issues with Nintendo or other video game companies. While the character itself may not be recognizable as a specific copyrighted... View More

1 Answer | Asked in Entertainment / Sports for Florida on
Q: How can I sell alcoholic beverages at an event (dinner party) without buying or owning a liquor license? (Miami, FL)
Terrence H Thorgaard
Terrence H Thorgaard
answered on Jun 7, 2023

Talk to a caterer who has a liquor license.

1 Answer | Asked in Entertainment / Sports, Real Estate Law and Personal Injury for Florida on
Q: I am preparing to propose an idea to my housing community for a private backyard wrestling "promotion" with amateurs.

I just want to be sure about this idea before I propose it. It would be informal and the people who would be involved have to sign a waiver and follow a carefully selected moveset to minimize liability or potential injury, but I am still unsure about the legality of hosting a backyard wrestling... View More

Jonathan Blecher
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answered on Apr 3, 2023

I doubt the Association bylaws sanction promotional events within the confines of the Association grounds. Liability waivers aside, if someone gets injured, or a fight among non-particpants breaks out, or someone flashes a guns, you're homeowner's insurance may not cover you. Contact an... View More

1 Answer | Asked in Civil Litigation, Entertainment / Sports, Copyright and Intellectual Property for Florida on
Q: can I sell sports cards I design & create legally or is a copyright violation or some other law violation

My friend & I like to design & create sports cards of wrestlers from different companies both past and current using images (png) we find online from whatever website has what we're looking for, then using an app on our phone we assemble & alter/manipulate (color/brightness etc)... View More

James L. Arrasmith
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James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 25, 2023

It is not legal to use images that you find online without permission from the copyright holder. Even if you manipulate them to create a new product, you could still be infringing on the original creator's rights. If you want to create sports cards using images of wrestlers, you should obtain... View More

2 Answers | Asked in Copyright and Entertainment / Sports for Florida on
Q: Can I copyright the word “Désirée” for music entertainment purposes?

Can I use a group name and copyright it for entertainment purposes?

Evelyn Suero
Evelyn Suero
answered on Nov 20, 2020

Names that are used to identify the source of goods or services, such as a group providing entertainment services, may be registered as trademarks. This is different from registering literary or musical works for copyright protection. Consult with a trademark attorney for more information.

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1 Answer | Asked in Personal Injury, Civil Rights, Entertainment / Sports and Municipal Law for Florida on
Q: My son fell out of a tree and was seriously hurt at a park in Lake Worth Fl. Can the park be held accountable?

Broken L4 & L5, broken Rt Hip with surgery, shattered pelvic bone with Pelvic Ring insertion surgery

Charles M.  Baron
Charles M. Baron
answered on Aug 6, 2020

So sorry to hear about your son's injuries. The local government that owns the park could be liable depending on all the facts and circumstances. The issue is, what did the park or government staff do WRONG; how is it their fault? If you are asking if they are AUTOMATICALLY liable for any... View More

3 Answers | Asked in Business Formation, Business Law, Entertainment / Sports and Trademark for Florida on
Q: Can I trademark an exhibition/docu-series name? I'm in FL & trying to register the name under Sunbiz & USPTO.

Also, if I can register it, would I need to register it as an LLC?

Bill Hulsey
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Bill Hulsey
answered on May 26, 2020

Yes. And, we can help:

Bill Hulsey

IP & Patent Lawyer

Nuclear Engineer (USN-SS); Member, National Society of Professional Engineers

Regional Economic Developer (M.A.Econ | CEcD*)

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A Gold Standard in IP for a Competitive Entrepreneurial...
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1 Answer | Asked in Copyright and Entertainment / Sports for Florida on
Q: can I use the name Ben Hur for a non profit "Art" organisation, for example "Ben Hur Culture Club"?

To represent works of filmmaker and art creators

Marcos Garciaacosta
Marcos Garciaacosta
answered on Apr 1, 2020

Better not.

check if somebody, movie company, has any rights to it.

they may decide not to do anything, as in fanclub scenarios, but that does not mean they do not own the rights

www.legalbizglobal.com

1 Answer | Asked in Business Law, Entertainment / Sports, Intellectual Property and Public Benefits for Florida on
Q: Does our local Chamber of Commerce own our communities local "Pageant"?

We have a pageant that has been in our community for over 30 years! Its never been filed as an official entity or organization. It has always been ran by different volunteers within the community. I know for several years our local Chamber sponsored the pageant. Then there was a issue with... View More

Marcos Garciaacosta
Marcos Garciaacosta
answered on Apr 1, 2020

You definitely need to consult with an attorney.

Anybody can own a pageant and call it anyway they want.

The question is whether it is exclusive, and if what you do, your work, is owned by somebody else.

Check if they ever signed or got a contract from somebody.

Even...
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1 Answer | Asked in Entertainment / Sports and Land Use & Zoning for Florida on
Q: Is it legal for me to ride my dirtbike in my neighborhood?

I have a 125cc dirtbike that cannot go really fast. I live in a pretty laxed equestrian neighborhood. The roads are gravel with no line markings or anything, but isn't rural. I am very confused on the laws in my neighborhood. There is no sign that specifically targets golf carts, but a street... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Feb 7, 2020

The statute doesn't apply; your bike is not an ATV (which would not be "street-legal" but nevertheless can be operated under the enumerated conditions).

For the local laws you would have to ask somebody in your locality..

1 Answer | Asked in Business Formation, Business Law, Entertainment / Sports and Gaming for Florida on
Q: Good Morning, What type of required licenses are required for starting an online business that may come under gambling?

I am orginally from the UK and had this business idea for over two years now I see alot of people online doing this method illegally (well in the UK you need a license to do this). I want to start a business to host these methods legally the business may come under gambling as it would be a hosting... View More

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Jul 30, 2019

Free practical advice offered for the last 41 years to people starting or operating small businesses: Look out.

The main difference between successful small businesses and those that fail within a relatively short period of time is good legal advice. The owners of most successful small...
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1 Answer | Asked in Copyright, Entertainment / Sports and Intellectual Property for Florida on
Q: I would like to do a skit that makes fun of some Star Wars tropes. How does that work now that Disney owns it?

Does is fall under satire or parody?

Griffin Klema
Griffin Klema
answered on Jan 24, 2019

It depends on just how much of your skit would be considered parody. Parody may be considered fair use under U.S. law (17 USC 107), but whether a particular performance/video/etc. actually provides a fair use defense depends on the specific facts, and then how those facts compare to the factors... View More

2 Answers | Asked in Entertainment / Sports for Florida on
Q: What are my son's agent's legal obligations to him once we've signed? (He's an actor.)
Terrence H Thorgaard
Terrence H Thorgaard
answered on Dec 14, 2018

It generally depends upon the terms of the agent's contract.

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1 Answer | Asked in Entertainment / Sports for Florida on
Q: Can minor league baseball players unionize?
Terrence H Thorgaard
Terrence H Thorgaard
answered on Jul 20, 2018

Certainly.

1 Answer | Asked in Entertainment / Sports for Florida on
Q: If you want to create an internet tv show how do you protect your intellectual property before posting your content?
John Espinosa
John Espinosa
answered on May 12, 2018

Register it with the copyright office: https://copyright.gov/registration/

2 Answers | Asked in Contracts, Immigration Law and Entertainment / Sports for Florida on
Q: I'm a songwriter from the Netherlands that recently signed a music publishing contract with an American company.

Does that mean I can apply for a immigration visa?

Stephen Arnold Black
Stephen Arnold Black
answered on Apr 19, 2018

It Depends on the level of skill and what you have accomplished in your field. If you have the necessary recognition and achievements in your career, you may qualify for an O visa. Discuss in private with counsel.

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2 Answers | Asked in Entertainment / Sports for Florida on
Q: Is a satire I've created based on another work considered fair use? Can I sell it?
Ivan  Parron
Ivan Parron
answered on Mar 21, 2018

"Fair Use" is not an affirmative right, it is only a defense. In other words, you would have to be sued first and use the "Fair Use" arguments as a defense. You should consult with an experienced entertainment lawyer before taking any action or inaction.

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1 Answer | Asked in Entertainment / Sports for Florida on
Q: I'm writing a script from an idea given to me by a friend - how is the work treated from an ownership standpoint?
Donovan A Rodriques
Donovan A Rodriques
answered on Feb 9, 2018

Depending on how well-developed the idea is and how much is used, you are the sole owner of the copyright in the script. You may give your friend "story by" credit. You should contact a qualified entertainment attorney to review all the facts.

1 Answer | Asked in Copyright, Civil Litigation and Entertainment / Sports for Florida on
Q: What if someone uses video of you in a TV commercial without your permission?

I was in a program 14 years ago (18 years old) that helped young people with interview skills and making a resume. Recently I have seen a commercial on tv with me in it. I did not agree to this and I do not want to be in this commercial. I contacted the agency and they emailed me the commercial to... View More

Andy Wayne Williamson
Andy Wayne Williamson
answered on Dec 8, 2017

When you participated in the program 14 years ago and video was taken it is possible that you signed paperwork that gave them the right to use the video footage however they see fit. I am guessing that you would not have any of the paperwork that you may have signed from then.

You may want...
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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.

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