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Texas Entertainment / Sports Questions & Answers
2 Answers | Asked in Copyright, Products Liability and Entertainment / Sports for Texas on
Q: Can I use pictures from someone I hired previously?

I hired someone for my business to play Santa and pictures were taken. Due to unprofessional issues on their part, we couldn’t rehire this year. Could we still use pictures we took with him in advertisements this year? Or can we get in trouble legally?

Alan Harrison
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answered on Nov 26, 2024

This is an interesting question both for the naughty Santa aspect and for the confusion of copyright with name image and likeness, and also because it provokes more questions.

Whoever took the pictures owns the copyright in the pictures, unless they assigned the pictures copyright to you....
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3 Answers | Asked in Copyright, Entertainment / Sports and Intellectual Property for Texas on
Q: Making a motion-comic with real copyrighted music synced to it! Legal to tell readers to listen to specific song?

Is it legal to tell my readers to listen to specific songs at certain times in my motion-comic? For example, having a notice at the start of the comic telling readers that the comic is read best with certain songs to accompany it, and saying "Now Playing: *Song Name*" at the top of my... View More

Alan Harrison
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answered on Oct 7, 2024

I would want to think more about this before giving an opinion you could rely upon. First thought is that this seems like it MIGHT be a viable way to escape the need for a "sync license" as you would not personally be synchronizing the music to the images. But there may be court cases... View More

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1 Answer | Asked in Copyright, Entertainment / Sports, Intellectual Property and Trademark for Texas on
Q: Can my wife be sued for TikTok or Instagram content that uses edited audio book clips?

My wife cosplays a book character on TikTok and Instagram. In many of her videos she uses audio that another creator has edited together from the Graphic Audio Book. All less than a minute long. On TikTok the sound links automatically to the other creator, but on Instagram she tags the creator of... View More

James L. Arrasmith
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answered on Sep 5, 2024

If your wife received a direct request from Graphic Audio Book to remove videos containing their audio, she should take it seriously. The company may have the legal right to protect its copyrighted material, even if it is edited or used in short clips. Ignoring the request could lead to potential... View More

1 Answer | Asked in Entertainment / Sports, Intellectual Property and Internet Law for Texas on
Q: Is it legal to make amateur pornography and upload it in Texas?
James L. Arrasmith
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answered on Jul 20, 2024

Creating and uploading amateur pornography in Texas is generally legal, provided that all participants are consenting adults. It's crucial to ensure that everyone involved is over the age of 18 and has given explicit consent to be filmed and have the footage distributed. Failure to verify ages... View More

1 Answer | Asked in Entertainment / Sports, Federal Crimes, Internet Law and Juvenile Law for Texas on
Q: Can I sue youtube for having videos with naked children on their site?

They have vids with kids going to the bathroom, kids running around with no clothing on, etc. Why is this legal to do?

James L. Arrasmith
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answered on Jan 13, 2024

I would be very cautious of this. I would contact YouTube directly to try to have them to take down the video(s). I would ask report those video(s) directly to YouTube moderators.

1 Answer | Asked in Copyright, Entertainment / Sports and Intellectual Property for Texas on
Q: Besides the IP itself; What do I need to sell an IP to a broadcasting company?

I'm planning to create an IP of and episodic TV show and am planning on giving the company full creative control, apart from a creation credit, if possible. However, I'm not entirely sure what I need, besides the IP of course.

James L. Arrasmith
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answered on Oct 26, 2023

To sell an IP to a broadcasting company, beyond the intellectual property rights, you should have a well-structured pitch or presentation that outlines the concept, target audience, and potential value of the TV show. A clear and compelling pilot script or episode outline can significantly enhance... View More

1 Answer | Asked in Copyright, Entertainment / Sports, Trademark and Intellectual Property for Texas on
Q: Can I cosplay as a fairy similar to Melanie Martinez’s new look at her concert Can I get in trouble for this?
James L. Arrasmith
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answered on May 7, 2023

No, you cannot get in trouble for cosplaying as a fairy similar to Melanie Martinez's new look at her concert. Cosplay is generally considered a form of fan art and is protected under fair use laws. However, if you were to sell or profit from the cosplay, you may run into legal issues as you... View More

1 Answer | Asked in Entertainment / Sports and Gaming for Texas on
Q: What kind of restrictions and red-flags might I need to avoid and look over when developing a mobile app?

Essentially I have an app in development that requires the user to utilize their phones movement (throwing or spinning it) as an in-game feature. I am concerned however on what would occur if a person accidently drops or breaks their phone and whether they are able to take any legal actions against... View More

Erik Špila
Erik Špila
answered on Aug 22, 2022

Dear Mrs or Mr,

thank you for your question and I will be starting with the fact that its very good (from the legal point of view) that you are already warning your users and you provide safery instructions before usage of such app.

Other relevant precautions might be to enlist...
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1 Answer | Asked in Copyright, Constitutional Law, Entertainment / Sports and Intellectual Property for Texas on
Q: Is fair use subject to interpretation regardless of facts?

If I record a full cover (track and vocal) of a popular song, and release it on social media with no compensation, no expectation of compensation, no request for monetary support, strictly for the purpose of exhibition, entertainment, and to receive interaction (comments and/or likes) from viewers,... View More

Liliana Di Nola-Baron
Liliana Di Nola-Baron
answered on Mar 2, 2022

You should consult an attorney.

1 Answer | Asked in Contracts, Copyright, Entertainment / Sports and Intellectual Property for Texas on
Q: In 2001 a well known music artist signed all his right away under duress. His life was threatened if he didn't sign.

Can he file suit since it was under duress? There is alot of money in royalties on the line

Marcos Garciaacosta
Marcos Garciaacosta
answered on May 10, 2021

You definitely have to run very fast to talk to an attorney.

There may be some criminal issues as well.

2 Answers | Asked in Copyright, Entertainment / Sports and Gaming for Texas on
Q: I’m looking to become a Twitch Streamer and for my logo I am looking to use Mighty Morphin Power Rangers symbol can I?

For my logo I’d like to incorporate the Mighty Morphin Power Rangers lightning symbol but don’t know if I can because I don’t know if it is copyrighted/ trademarked.

Kathryn Perales
Kathryn Perales
answered on Nov 24, 2020

This is an interesting question because SCG Power Rangers LLC abandoned one of its Power Rangers registered trademarks (which includes the lightning symbol) back in 2017. Whether or not you can use a trademark without getting in trouble depends on several factors, which can sometimes be clear cut... View More

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1 Answer | Asked in Copyright, Criminal Law, Collections and Entertainment / Sports for Texas on
Q: I want to know how long can a company hold something of yours before it's considered theft?

I landed a drone in nrg parking lot when they were closed. The drone messed up and did an emergency landing. They took my drone and told me they wanted to check the footage then they would return my drone the next day. The next day which was september 16 they kept give me the run around. I found... View More

Kiele Linroth Pace
Kiele Linroth Pace
answered on Sep 21, 2020

Unfortunately, it might not ever be released if it is evidence against you. You may have both civil and criminal liability for the use of the drone, and it is a more serious crime if the facility is classified as critical infrastructure. Your best bet is probably to convince Joe Walters that you... View More

2 Answers | Asked in Contracts and Entertainment / Sports for Texas on
Q: How Much Should I Charge for Using My Image?

So let me start by stating that I know I need an agent ASAP and I'm in the process of getting one. My question is about a well known movie theatre company using my image. I responded to a post that asked for models for a 'test shoot' and that they would choose from us those who would... View More

Jason Brooks
Jason Brooks
answered on Apr 9, 2019

Your rate depends on a variety of factors, including the scope of their use -- for example, where will they be using your image and for how long? In what capacity can they use it? Also your own stature as a model/actress/celebrity factors into this equation.

An agent or an attorney can...
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1 Answer | Asked in Personal Injury and Entertainment / Sports for Texas on
Q: Question about dealing with dishonest practices by a Austin based company, Megolamedia. Want to know if I have a case.

I was on this season’s Skin Tight Show. Due to complications, my second surgeries were postponed. My surgeon called me at 3:00 Friday afternoon. They had gotten a call from TLC’s Megolamedia saying that they are not paying for my second surgeries, & they cancelled my surgery at the hospital... View More

Justin Charles Roberts
Justin Charles Roberts pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 7, 2018

Without more information (including seeing the agreement), it's difficult to determine whether or not you have a case. However, it generally sounds like you may need an attorney who can handle breach-of-contract cases, or potentially an attorney who can handle claims under the Deceptive Trade... View More

1 Answer | Asked in Entertainment / Sports for Texas on
Q: How can I find out if my entertainment manager is stealing from me

I think my manager is stealing checks that I don't know about from me. Since I don't know where they come from, I believe she is stealing them. How do I find out if I'm not getting money that's owed to me.

Carrie A. Ward
Carrie A. Ward
answered on Mar 6, 2018

I would start by asking her for a full accounting of your receivables. It is a jumping off point to make sure that you are receiving what you are entitled to.

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