Entertainment / Sports Questions & Answers by State

Entertainment / Sports Questions & Answers

Q: Could I have a website and provide a service to users that allows for uploading screenshots from video games for profit?

1 Answer | Asked in Copyright, Business Law, Entertainment / Sports and Internet Law for North Carolina on
Answered on May 18, 2017

If you're going to allow users to post potentially infringing material, you should become familiar with the DMCA takedown process and register a DMCA takedown agent with the U.S. Copyright Office. Qualifying for the DMCA safe harbor would shift the concerns of copyright infringement from you to the users posting any copyrighted content.

Posting screenshots of software, websites, and video games, is generally copyright infringement. Editing these screenshots may mean users are creating...
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Q: 1. I'm a musician. Do I need a (police) 'permit' to sell tickets and play live gigs in my California apartment?

1 Answer | Asked in Entertainment / Sports, Land Use & Zoning and Municipal Law for California on
Answered on May 16, 2017

You may be violating your lease, zoning, and/or licensing laws relating to music venues. You may need contracts with the additional musicians. 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 in the following areas...
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Q: Starting a sports league with a unique format. Can Intellectual property help protect the format from being copied?

2 Answers | Asked in Copyright, Entertainment / Sports and Intellectual Property for New Jersey on
Answered on May 16, 2017

I will not speak to patent protection, as that's outside of my practice area. Copyright law will protect the expression of your ideas or rules, that is, the creative organization of words used to write the rules, but not the underlying ideas or rules themselves. Trademark law will protect your brand and identity, but not the underlying format or ideas behind your track and field league.
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Q: I bought a ticket for a concert but I didn't receive it,and they kept delaying the fact that they didn't have the ticket

1 Answer | Asked in Entertainment / Sports, International Law and Consumer Law on
Answered on May 13, 2017

If you charged it on a credit carf, charge it back. If not, you can sue the defendant where you can find him. In the modern economy, credit (more than debit) cards are very useful.
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Q: Someone told me an E&O insurance policy is essential to have prior to negotiating a contract for my screenplay. What

1 Answer | Asked in Entertainment / Sports for New York on
Answered on May 8, 2017

It depends on what type of duties you would have under the contract.

See: http://www.aeesq.com/business-law/art-law/

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 in the following areas of law:...
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Q: What kind of work permit do I need for my child that would like to get into commercials?

1 Answer | Asked in Entertainment / Sports for California on
Answered on May 5, 2017

They may need a SAG membership and an entertainment work permit from the CA DIR. 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 in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child...
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Q: Hi, what are the requirements for adding a recurring charge to a customer's account? (For instance billed at later date)

1 Answer | Asked in Consumer Law, Business Law and Entertainment / Sports for Florida on
Answered on May 4, 2017

The best thing that you need to do is consult with a business law attorney and have him or her draft you an agreement. Your question is detailed, or rather requires a detailed answer. I don't think that a lawyer is going to give you detailed advice on how to draft a contract via a service like this.

There are times in life when paying for legal advice is very important and this is one of them, as a mistake on this could come back to haunt you for years.
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Q: I am working on a film documentary, and out of bad spirits, an interviewee refused to sign release, can I sue him?

1 Answer | Asked in Employment Law, Contracts, Copyright and Entertainment / Sports for Florida on
Answered on Apr 28, 2017

Many states have a "misappropriation of likeness or image" cause of action, which means broadly: It is illegal to use someone's likeness or image without their consent or beyond the scope of their consent. Generally, you do not have the right to use someone's performance on film without their consent for your own benefit.

If you film someone without their consent (they refused to sign a release), you generally cannot sue them to exploit their likeness for your own benefit. In many...
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Q: If my school has a boys soccer team, do they have to have a girls one too?

1 Answer | Asked in Entertainment / Sports for Florida on
Answered on Apr 15, 2017

Generally, yes, if it's a public school. You might want to consult an attorney versed in the particulars of education law.
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Q: I'm 17. I want to copyright one of my songs. Is it possible that I can copyright it? Am I able to use it in court too?

1 Answer | Asked in Copyright and Entertainment / Sports for Indiana on
Answered on Apr 14, 2017

Minors may claim copyright, and the Copyright Office issues registrations to minors, but state laws may regulate the business dealings involving copyrights owned by minors.

According to Rule 17 of the Federal Rules of Civil Procedure: The following representatives may sue or defend in federal court on behalf of a minor or an incompetent person:

(A) a general guardian;

(B) a committee;

(C) a conservator; or

(D) a like fiduciary.

This means that...
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Q: Is giving people wrong forecast for money without a contract legal?

1 Answer | Asked in Banking, Entertainment / Sports, Gaming and Internet Law on
Answered on Mar 31, 2017

That deal is likely to be considered a wager or bet (gambling), which in most U.S. states is illegal, and illegal contracts cannot be enforced. Contracts can be formed by an exchange of messages, calls or emails, without a written agreement, if they meet the other elements of a valid contract (price, promised performance, etc.).
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Q: Can I include images of video games in my monetized blog?

1 Answer | Asked in Entertainment / Sports, Gaming, Intellectual Property and Internet Law for California on
Answered on Mar 30, 2017

This may qualify as an exception if you're writing comments and critiques about the games, and if you're providing attribution to the copyright holder. 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. I practice law in CA, NY, MA, and DC in the following areas of law:...
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Q: What kind of licensing agreement should I have for a song I wrote and I'd like to sell?

2 Answers | Asked in Entertainment / Sports for New York on
Answered on Mar 30, 2017

That depends on who you would like to sell or license your song to. Your question is too vague for a proper answer. You should speak with an experienced entertainment lawyer.
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Q: Does Title IX apply to private universities?

1 Answer | Asked in Entertainment / Sports for Florida on
Answered on Mar 24, 2017

If they don't receive federal funding, no.
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Q: Can I write a screenplay adaption of a novel in public domain using the same dialogue, and still have it protected?

1 Answer | Asked in Copyright, Entertainment / Sports and Intellectual Property for California on
Answered on Mar 22, 2017

You may still be in violation of the copyright which can last well past the author's death. See: http://copyright.cornell.edu/resources/publicdomain.cfm

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. I practice law in CA, NY, MA, and DC in the following...
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Q: asked my artist not to use a exclusive beat i own and they performed it out of spite and won a sit down witha record co

1 Answer | Asked in Contracts, Copyright and Entertainment / Sports for New York on
Answered on Mar 18, 2017

As long is the beat is properly copyrighted with the United States Library of Congress, a simple task that cost $35 plus attorneys fees, then they are clearly in the wrong and you can sue them... but not necessarily in contract. The only way you can sue them in contract is if you contracted with that artist they would not use the beat. That said, you may sue them for illegally using your intellectual property; in both cases, you will likely win on the issue of liability, but damages will be...
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Q: Who owns the raw film footage for a documentary? We raised funds on Kickstarter but under the name of guy who got paid.

1 Answer | Asked in Entertainment / Sports for California on
Answered on Mar 17, 2017

If he was only the director and editor, I see no basis for his legal ownership of the footage. You may be able to sue him for conversion of personal property, at least. The copyright ownership may be joint, however, if you wrote/ shot the film and he edited it. 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...
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Q: Can my new record label be a part of the business/LLC I already have open? Or do I need a new business/LLC for it?

1 Answer | Asked in Entertainment / Sports for California on
Answered on Mar 17, 2017

A merger/ acquisition may satisfy your needs. 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. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not...
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Q: Who owns the raw film footage for a documentary? We raised funds on Kickstarter but under the name of guy who got paid.

2 Answers | Asked in Entertainment / Sports for California on
Answered on Mar 15, 2017

Unfortunately it does not sound like you have a very good claim. The person who films or records anything is by default the copyright owner absent a written work for hire agreement. That is precisely why the co director/editor refused to sign a contract, so that he owns the result. You may have some leverage with legal rights in preventing him from releasing or exploiting the film but he owns it. You should consult with an experienced entertainment lawyer for advice and options after hearing...
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Q: Is there a law firm or non-profit that specializes working with media owners (ex. NBC, Discovery, etc.) to archive TV?

1 Answer | Asked in Business Law, Entertainment / Sports, Intellectual Property and Trademark on
Answered on Mar 13, 2017

If you're asking whether there are law firms who help individuals purchase the rights to media content in order to license, distribute, re-air, etc., the answer is a yes. My firm can do just that as well as many others.
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