Entertainment / Sports Questions & Answers by State

Entertainment / Sports Questions & Answers

Q: I'm an actor - what are the reasons for having both an agent and an entertainment law attorney?

1 Answer | Asked in Entertainment / Sports for Florida on
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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Q: My friend's divorce procedure has been in court for almost a decade. What can she do?

2 Answers | Asked in Divorce and Entertainment / Sports for New Jersey on
Answered on Oct 2, 2017

Hello and thanks for asking your question for a friend. It is a shame that this situation has dragged on for so long and it is surely something that should be avoided if at all possible. It is really very difficult to answer you with an great specificity without knowing all the ins and outs of your friend's case, and I'm sure the case is very extensive at this point.

A good attorney would be one who has your friend in for a consult and asks her to bring in her file with her, so ALL of...
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Q: Is it legal to sell vintage (1960's) pulp/sleaze/erotica paperbacks & trading cards online from Kentucky?

1 Answer | Asked in Consumer Law, Entertainment / Sports and Internet Law for Kentucky on
Answered on Sep 27, 2017

This is most likely alright. If you legally acquired the paperbacks and trading cards, you are free to resell them. The first sale doctrine allows people to resell what the purchase without restriction from the copyright or trademark owner. Although, if they are adult materials, you cannot sell them to minors.
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Q: I want to start a gospel record label. Should it be llc. or 501c?

1 Answer | Asked in Business Formation and Entertainment / Sports for Pennsylvania on
Answered on Sep 1, 2017

You need to have a cpa advise you. At the initial stage it may not matter much. Consulting a copyright attorney would be a good thing too.
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Q: Is it a copyright infringement having a puppet sing a line from Whitney Houston song in a video for a nat'l contest?

1 Answer | Asked in Entertainment / Sports, Internet Law and Intellectual Property for District of Columbia on
Answered on Aug 31, 2017

It probably is. You should get clearance first. Best of luck!
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Q: What release forms do I need?

2 Answers | Asked in Entertainment / Sports, Intellectual Property and Trademark for New York on
Answered on Aug 13, 2017

You may need a lawyer to draft such documents so that they're tailored to your needs. If you're a minor, then a parent may need to hire the lawyer for you. 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.AEesq.com. I practice law in CA, NY, MA, and...
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Q: What should I say to successfully obtain the rights for an abandoned/dead mark from the original trademark registrants?

1 Answer | Asked in Entertainment / Sports, Intellectual Property and Trademark for New York on
Answered on Aug 7, 2017

You probably do not need anything from the original owner if the mark expired 10 years ago. Once a trademark expires, the registration terminates. The former owner no longer owns a federal registration. Although, there could be some other common law rights to the mark. To be certain the mark is clear, you would need to have a trademark search conducted. A trademark attorney can provide a search.
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Q: For a copyright lawyer: Which liscenses do I have to get when posting music covers on Youtube?

1 Answer | Asked in Copyright and Entertainment / Sports for California on
Answered on Aug 7, 2017

"Looking for some advice from a copyright lawyer that I can potentially stake my life on." Did you want this for free? Did you want an answer that was short enough to fit in this box? Did you want the attorney to answer this without getting further information? It is possible that your expectations are unrealistic. It appears that you really need to consult an attorney. What you "know" about copyrights may not be helpful in reaching your goal.

See the disclaimer at the bottom of this...
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Q: is public access tv considered public domain?

1 Answer | Asked in Business Law, Entertainment / Sports, Intellectual Property and Internet Law for New York on
Answered on Aug 7, 2017

Probably not, contact the shows producers and ask for permission / a license.
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Q: Can I collect a finders fee as a "Consultant" for introducing an investor to a producer for an animated tv series in NY?

1 Answer | Asked in Contracts and Entertainment / Sports for New York on
Answered on Aug 3, 2017

If the introduction has not been made yet, a Finder's Fee Agreement is a good way to protect the consultant. There are formulas that are recognized as appropriate for determining the amount to pay the consultant.

If the introduction has already been made, it is necessary to consider these questions. Was there a contract? Did the investor agree to pay a fee? Did the producer agree to pay a fee? If there is no evidence that someone agreed to pay the consultant, recovery can be difficult....
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Q: Filming a doc,got an appearance release form signed, but he refuses to sign a location release,can I use any footage?

1 Answer | Asked in Entertainment / Sports for New York on
Answered on Aug 2, 2017

If you use it without the location release, you may be inviting a lawsuit. 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.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense,...
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Q: Can I start an organization in the name of a deceased public figure?

1 Answer | Asked in Business Law, Copyright, Entertainment / Sports and Business Formation for California on
Answered on Jul 27, 2017

Questions to be considered include whether your organization would be confused with the Foundation and how to avoid confusion. It also has to be determined if use of the name would violate rights of others, even for the name of a deceased person with no immediate offspring. This can get tricky.

Q: My sixteen year old daughter signed a modeling contract without my consent. Is it legally binding, even if she's not 18?

1 Answer | Asked in Entertainment / Sports for New York on
Answered on Jul 26, 2017

A minor cannot consent to a contract, except for necessities. You may seek to rescind it. 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.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal...
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Q: How would I successfully go about obtaining a stage name, that was filed/abandoned (is DEAD) 10+ years ago?

2 Answers | Asked in Entertainment / Sports, Intellectual Property and Trademark for New York on
Answered on Jul 25, 2017

You will need to conduct a search to see if the mark is still in use. A trademark may be still valid at common law despite being listed as "dead" at the USPTO. If the mark is in use you may contact the owner for permission to use it, via a transfer of rights or trademark license. If the mark is not in use, you may use it.
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Q: How is a work of fiction like The Walking Dead legally allowed to feature an organization like the CDC?

1 Answer | Asked in Copyright, Entertainment / Sports and Trademark on
Answered on Jul 25, 2017

The particular use of the organizations may be "nominative fair use" or protected by First Amendment interests in artistic expression. Read the following article for an in depth analysis: http://rodriqueslaw.com/blog/how-use-brands-and-products-film
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Q: I am looking for the California labor law pertaining to rendering payment for personal working on a TV production.

1 Answer | Asked in Entertainment / Sports for California on
Answered on Jul 24, 2017

The company's position seems to be unsupported. It is impossible to know without listing all the facts. What was the work? Should you have been an employee? Other factors besides labor include contract law and civil procedure. Based on your question it seems unlikely that quoting a statute to the company would encourage them to pay you. How much money is at stake? If you do not consult an attorney, it is possible that you will collect nothing.
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Q: Do agents have any legal obligations to you once you've signed with one?

2 Answers | Asked in Entertainment / Sports for California on
Answered on Jul 24, 2017

If you have signed with an agent it means that there is a contract. Contracts includes terms and conditions. Usually the terms specify the legal obligations of both you and the agent. There also may be obligations that apply under the law even if they are not spelled out in the contract. It appears that you need to get the contract reviewed. Often, people have an attorney review a contract before they sign it so that they know what they are getting into.
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Q: I live in a gated community. We need help with a conflict with the hoa. We believe we are being denied rights.

1 Answer | Asked in Real Estate Law, Civil Rights and Entertainment / Sports for Florida on
Answered on Jun 30, 2017

You will need to review the HOA Declarations to determine the policy in place. If they changed the policy after you purchased your property, you will want to review the provisions regarding amendments. There is usually a notice and meeting requirement to call a vote of the homeowners to approve the change. You may want to review your documents with an attorney to determine the best course of action for you. Best of Luck! Jennifer
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Q: Copyright reg: does 'authorship on appl' for 'entire work' protect music and vocals in a motion picture live recording?

2 Answers | Asked in Copyright, Business Law, Entertainment / Sports and Intellectual Property for New York on
Answered on Jun 27, 2017

You need to copyright the individual songs. What you did covers the video, but not the songs re-done on an album.
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Q: A group of friends are developing a video game - what's the best way to make sure we all get credit if we sell it?

1 Answer | Asked in Entertainment / Sports for New York on
Answered on Jun 25, 2017

You should hire a lawyer to draft a partnership agreement and IP agreement. An ounce of prevention is worth a pound of cure, said Ben Franklin -- and with good reason! More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC...
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