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Entertainment / Sports Questions & Answers
Q: I am wondering about when my ex has my children in the summer if he is allowed to not have the go to there ball games
Marcos Garciaacosta's answer
This may be something the court would not want to get involved.
It is probably too much hassle to go in front of the judge, but you can do that if you do not come to an agreement.
This may be something the court would not want to get involved.
It is probably too much hassle to go in front of the judge, but you can do that if you do not come to an agreement.
Q: I was wondering about the carry legalities of Spears in CA. Do I need permits/certification/job necessity to carry them?
1 Answer
| Asked
in
Consumer Law, Animal / Dog Law and Entertainment / Sports
for
California
on
Answered on Apr 12, 2019
Answered on Apr 12, 2019
William John Light's answer
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. Confirm with your local Fish and Game Warden, or a local attorney, and consult local city and county ordinances.
See:
Mammal Hunting Regulations, sections 353-354 & 475:...
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. Confirm with your local Fish and Game Warden, or a local attorney, and consult local city and county ordinances.
See:
Mammal Hunting Regulations, sections 353-354 & 475:...
Q: How Much Should I Charge for Using My Image?
Jason Brooks' answer
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 both help you negotiate these terms and, to quote the great Beastie Boys... fight for your rights (to party). If you would like assistance, feel free to reach out via email and we can discuss further:...
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 both help you negotiate these terms and, to quote the great Beastie Boys... fight for your rights (to party). If you would like assistance, feel free to reach out via email and we can discuss further:...
Q: background actor won't sign release form for video?
Thomas A. Grossman's answer
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 Court as question of fact. He could sue the company, but I don't think extras make a whole lot of money, so I don't think he would collect very much. I would offer him, or his attorney, a two or three...
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 Court as question of fact. He could sue the company, but I don't think extras make a whole lot of money, so I don't think he would collect very much. I would offer him, or his attorney, a two or three...
Q: Do I have a viable claim against the theater or MPAA for negligence not accommodating a class protected by ADA et al?
3 Answers
| Asked
in
Civil Rights, Consumer Law, Personal Injury and Entertainment / Sports
for
California
on
Answered on Apr 4, 2019
Answered on Apr 4, 2019
Dale S. Gribow's answer
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 contingency...and I don't think you want to pay a lawyer on an hourly.
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 contingency...and I don't think you want to pay a lawyer on an hourly.
Q: I am suing a venue for an event I had produced. I live in Queens, do I file in Queens or Fishkill?
Michael David Siegel's answer
I always recommend suing where the defendant is located. It saves a step in enforcing the judgment.
I always recommend suing where the defendant is located. It saves a step in enforcing the judgment.
Q: Is viewing a movie from a streaming sight illegal? Owning no copy of the movie.
Marcos Garciaacosta's answer
Very possible.
If the streaming site is not licensed you may be contributing.
Stick to official channels and pay, it is not worth the risk
Very possible.
If the streaming site is not licensed you may be contributing.
Stick to official channels and pay, it is not worth the risk
Q: Is making a multiple choice game show with pixelated videos without original audio count as fair use?
Marcos Garciaacosta's answer
You are skating on very thin ice. I would not recommend you do this without proper licenses.
It is a great idea, but fraught with legal minefields.
You are skating on very thin ice. I would not recommend you do this without proper licenses.
It is a great idea, but fraught with legal minefields.
Q: If Someone Owes A Bookie, Is This Person Legally Obligated To Pay? And Would If The Bookie Decided To Track This Person?
Ali Shahrestani, Esq.'s answer
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 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, testimonials, and media appearances/ publications on my...
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 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, testimonials, and media appearances/ publications on my...
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?
1 Answer
| Asked
in
Copyright, Entertainment / Sports and Intellectual Property
for
Florida
on
Answered on Jan 24, 2019
Answered on Jan 24, 2019
Griffin Klema's answer
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 under Section 107. Besides copyright, you may have to contend with trademark infringement which, again, depends on the specific facts of what you're doing or planning on doing. If you really need an...
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 under Section 107. Besides copyright, you may have to contend with trademark infringement which, again, depends on the specific facts of what you're doing or planning on doing. If you really need an...
Q: Can you please explain this to me. So if I know where an abandoned house is. Do I need to file paper work and
1 Answer
| Asked
in
Land Use & Zoning, Real Estate Law, Foreclosure and Entertainment / Sports
for
Alabama
on
Answered on Jan 19, 2019
Answered on Jan 19, 2019
Kevin M Ryan's answer
Just because the house appears to be "abandoned" does not mean that there is not a legal owner. It may be owned by a bank, and in the process of foreclosure, probate or bankruptcy. You would need to contact the owner or the owner's legal representative in order to make an offer to purchase the property. You should not move forward on this type of transaction without any attorney.
Just because the house appears to be "abandoned" does not mean that there is not a legal owner. It may be owned by a bank, and in the process of foreclosure, probate or bankruptcy. You would need to contact the owner or the owner's legal representative in order to make an offer to purchase the property. You should not move forward on this type of transaction without any attorney.
Q: Hello, Can you me setup an entity like Hot Pancakes has with Bella Forrest and maintain privacy for my author business?
1 Answer
| Asked
in
Business Formation, Copyright, Entertainment / Sports and Trademark
for
Utah
on
Answered on Jan 4, 2019
Answered on Jan 4, 2019
Q: Want to get the rights to use music from an old TV show in a short film I am making. I believe it's owned by CBS.
1 Answer
| Asked
in
Copyright, Entertainment / Sports, Intellectual Property and Trademark
for
New York
on
Answered on Jan 2, 2019
Answered on Jan 2, 2019
Ali Shahrestani, Esq.'s answer
See my reply to your same question posted in the CA section of this forum. A license from the copyright owner would be required if you don't qualify under the "Fair Use" exceptions. 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, testimonials, and media appearances/ publications on my law practice website, www.AliEsq.com. I...
See my reply to your same question posted in the CA section of this forum. A license from the copyright owner would be required if you don't qualify under the "Fair Use" exceptions. 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, testimonials, and media appearances/ publications on my law practice website, www.AliEsq.com. I...
Q: Want to get the rights to use music from an old TV show in a short film I am making. I believe it's owned by CBS.
1 Answer
| Asked
in
Copyright, Entertainment / Sports, Intellectual Property and Trademark
for
California
on
Answered on Jan 2, 2019
Answered on Jan 2, 2019
Ali Shahrestani, Esq.'s answer
To use copyrighted material, one would need to find out who owns the copyright and contact them for a license. But you'd also need to determine whether your use qualifies as "fair use". 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, testimonials, and media appearances/ publications on my law practice website, www.AliEsq.com. I...
To use copyrighted material, one would need to find out who owns the copyright and contact them for a license. But you'd also need to determine whether your use qualifies as "fair use". 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, testimonials, and media appearances/ publications on my law practice website, www.AliEsq.com. I...
Q: What should I be aware of re: ownership if I submit an unsolicited screenplay to a studio?
Jason Brooks' answer
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 does it give you the right to collect statutory damages for infringement.
After you've registered your work, I'd still be weary of submitting any unsolicited material. If you do send something, know that most,...
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 does it give you the right to collect statutory damages for infringement.
After you've registered your work, I'd still be weary of submitting any unsolicited material. If you do send something, know that most,...
Q: In the state of Missouri, what are all the skateboarding laws? Where can I view them?
1 Answer
| Asked
in
Traffic Tickets, Constitutional Law and Entertainment / Sports
for
Missouri
on
Answered on Oct 18, 2018
Answered on Oct 18, 2018
Timur Akpinar's answer
If you are not able to find laws in your ordinary searches under civil, traffic, recreational, and other laws, you could check with your elected officials on the city council, assembly, and other local, city, and state government bodies. One of the problems with skateboarding is that many places and parks do not want it because they consider it a liability, meaning that they’re afraid of getting sued if someone injures themselves or someone else. Good luck.
Tim Akpinar
If you are not able to find laws in your ordinary searches under civil, traffic, recreational, and other laws, you could check with your elected officials on the city council, assembly, and other local, city, and state government bodies. One of the problems with skateboarding is that many places and parks do not want it because they consider it a liability, meaning that they’re afraid of getting sued if someone injures themselves or someone else. Good luck.
Tim Akpinar
Q: What is the difference between a litigation and transactional entertainment lawyer?
Jason Brooks' answer
"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 attorney will place an emphasis on one area but still practices in the other from time to time when necessary, or has partners or other affiliates in his or her network to refer such ancillary work to when the need arises.
"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 attorney will place an emphasis on one area but still practices in the other from time to time when necessary, or has partners or other affiliates in his or her network to refer such ancillary work to when the need arises.
Q: If a nonprofit owns a film, but gives a portion of the revenue to the filmmakers, who truly owns it?
Donovan A Rodriques' answer
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?
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?
Q: Is there a law that governs college scholarship contract provisions regarding behavior or conduct outside of athletics?
Gregory J. Tarone's answer
Yes, and no, and to a certain extent it depends on the institution providing the scholarship and what the rule is. There is no specific "law" for it. That is, no state or federal statutes that apply. Scholarships are contracts governing the rights of the parties -- and that is where you begin to ascertain what regulatory bodies have authority over student-athlete conduct outside their athletic roles. Most student-athlete scholarships are provided by member institutions of the National...
Yes, and no, and to a certain extent it depends on the institution providing the scholarship and what the rule is. There is no specific "law" for it. That is, no state or federal statutes that apply. Scholarships are contracts governing the rights of the parties -- and that is where you begin to ascertain what regulatory bodies have authority over student-athlete conduct outside their athletic roles. Most student-athlete scholarships are provided by member institutions of the National...
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