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1 Answer | Asked in Personal Injury, Products Liability, Entertainment / Sports and Environmental for Indiana on
Q: baseball hitting my house, causes damage either to my property or to someone in the house who's liable?

School baseball field almost right next to our backyard, yesterday a fly ball crashed right into our yard a meter from me. I have three kids and I can't help but forsee glass windows breaking and one of the kids getting hurt. The school has a tall-ish fence up however the balls have been... Read more »

Brandon A. Yosha
Brandon A. Yosha answered on Apr 6, 2021

First, you should notify the superintendent of the little league program. It is quite possible that the superintendent will take steps to prevent foul balls from colliding into your house (i.e. building additional fencing. You could also hire an experienced Attorney to draft and prepare a temporary... Read more »

1 Answer | Asked in Copyright, Entertainment / Sports and Trademark for New Mexico on
Q: I'm a musician and want to name my album "Sith" but Lucasfilm has the word trademarked, can I still name it that?
Jason Brooks
Jason Brooks answered on Mar 24, 2021

Trademarks can be registered in a number of different "classes" based on their use. You should probably hire an attorney to help you examine which classes LucasFilm has its mark registered in to see if it would conflict with your channel of commerce in music. Ultimately, if there is no... Read more »

Q: Legality of filming illegal activities as a reporter?

Hi my girlfriend and I plan on starting an investigative journalism based YouTube account. We want to shoot a video called, “A look into the black market cannabis scene.” For this video we plan to interview black market cannabis dealers who work with cartels along with filming their operation.... Read more »

David Michael Lehr
David Michael Lehr answered on Feb 9, 2021

You are safe. They are definitely not!

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1 Answer | Asked in Entertainment / Sports for New York on
Q: I wrote music for a film and now the client is requesting money back because he doesn't like it. Is he allowed to?

I wrote the music for my clients film. I requested half the payment ($900) upfront and half when the project is completed. I nearly completed the project and sent the project to the client for approval before finalizing the music and he decided he did not like it anymore and he did not want me to... Read more »

Tim Akpinar
Tim Akpinar answered on Feb 9, 2021

An attorney who deals with contracts in the entertainment industry could advise best, but you await a response for three weeks. As a general matter, it would probably be difficult for any attorney to comment meaningfully without seeing the requirements of the contract. Additionally, contracts that... Read more »

2 Answers | Asked in Contracts, Copyright and Entertainment / Sports for California on
Q: How much ownership of music do I have when a producer does a different version of the music I originally created?

I wrote a song and did the music arrangement in Logic Pro X using many royalty free loops to create my song. If I work with a producer who does his own interpretation of my original song via new music production how much ownership do I have regarding the music content?

I copyrighted my... Read more »

Robert Philip Cogan
Robert Philip Cogan answered on Dec 23, 2020

"Influenced by your original song" may or may not be a derivative work. His audio needs to be compared to your work.

A split sheet is useful. You might want to use a collaboration agreement along with the split sheet.

Please also see my answer on Avvo.

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1 Answer | Asked in Entertainment / Sports for California on
Q: Entertainment law: need advice for True story

I am writing a book about a true crime story. Some details were published and newspapers and I have details that come specifically from the people who experienced it, including notes of actual conversations and emails. What changes do I need to make to protect myself legally from slander or related... Read more »

Robert Philip Cogan
Robert Philip Cogan answered on Dec 13, 2020

It is not really possible to catalog all the types of things that can be said and how to change the things that cannot be said. Each one needs to be reviewed in context. Changes involve legal judgments. The one true crime writer I am personally acquainted with is an attorney.

One way to...
Read more »

1 Answer | Asked in Copyright, Entertainment / Sports, Internet Law and Trademark on
Q: I am planning to monetize my YouTube channel under a name that contains the phrase Hogwarts. Will be able to do it?

The channel content will be Information Technology Tutorials.

The channel name goes like Hogwarts______ . Will I be subjected to a copyright or trademark issue?

Marcos Garciaacosta
Marcos Garciaacosta answered on Dec 11, 2020

Very likely.

I would discourage you from using that name or anything that can be thought or associated with an existing brand.

Consult with an attorney to understand your risks.

1 Answer | Asked in Copyright, Entertainment / Sports and Trademark for New York on
Q: An established comedian made a web series with a name I've been using to DJ for years. Do I need to change it?

I've been operating as a DJ under a certain name since 2016. I'm small-time, but have been paid to perform and have social media profiles registered under my performance name that have been in use since 2016, although I have never registered a trademark or anything.

Today, I found... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Dec 8, 2020

Depends on how long you have been using it and if they started using it before you or after.

You may have common law rights.

You should contact an attorney to understand your rights better.

At best you could continue using the name unless they contact you in which case you...
Read more »

1 Answer | Asked in Education Law and Entertainment / Sports for Minnesota on
Q: My daughter has been ruled ineligible to play sports at a varsity level at the high school she transferred to this year

We were told: "THE Minnesota State High School League Board of Director's has indicated family choice for school type or athletic opportunity will not be considered in the review process.". We submitted documentation in the review s as stated was told our review is incomplete.... Read more »

William Bailey
William Bailey answered on Nov 24, 2020

Do you have a question about the situation?

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... Read more »

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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 Copyright and Entertainment / Sports for Virginia on
Q: I write and produce songs. One of the songs contains dialogue from a movie, but I speak. Is that a copyright violation ?

I write and produce songs. One of the songs contains dialogue from a movie, that I speak in the song. Is that a copyright violation or an infringement to add that dialogue, even though its spoken by myself? It's a total of 19 words.

Ryan Schmidt
Ryan Schmidt answered on Nov 2, 2020

Generally speaking, any time copyrighted material is incorporated into a new work you will need permission from the original author. This may be obtained by getting a license to create a derivative work. Copyright issues are complex and each matter is different. It is recommended that you consult a... Read more »

3 Answers | Asked in Entertainment / Sports, Patents (Intellectual Property) and Trademark for New Jersey on
Q: I have a LLC for 'clothing'. Do I need an additional LLC to trademark the same name for 'Entertainment' purposes?

Do I need two separate LLC's. When filing trademark should it be under the LLC or me as individual?

Peter D. Mlynek
Peter D. Mlynek answered on Oct 25, 2020

No, you can one LLC for both your clothing line and your entertainment line.

However, you should get your federal trademark in two classes, one class for your clothing products, and one class for your entertainment products.

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Q: I create custom sports cards. Is there any way for me to sell my custom cards legally?

So I design and print custom sports cards myself and recently I have been getting a lot of interest in them. I understand Panini has the sole rights to create and sell NBA cards. Is there a way to sell the cards I create without infringing on Panini’s rights? I’ve heard altering existing... Read more »

Timothy John Billick
Timothy John Billick answered on Oct 20, 2020

There is not enough information here to answer this fully, but here are some areas of potential concern:

1) The NBA's rights to the trademarks of teams and their own marks

2) The Teams' rights to their own marks

3) Copyright rights to the photos you're using...
Read more »

1 Answer | Asked in Civil Litigation, Consumer Law, Contracts and Entertainment / Sports for Massachusetts on
Q: Fitness training company charging me for services that were not provided. What are my options?

I signed up for personal fitness training with a company for 6 months from Dec-2019 to May-2020 ($600 for each month & 10 sessions each month). No services were provided between Mar 2020 to May 2020 due to COVID. The company was not reachable on phone during that time for cancellation enquiry.... Read more »

Christopher Tolley
Christopher Tolley answered on Oct 9, 2020

Most lawyers' rates would make legal representation impractical. Look carefully at your contract and see what your options are. Contact your credit card company and have them stop the automatic payments. I suggest you consider filing a small claims suit yourself. If nothing else, it will get... Read more »

2 Answers | Asked in Consumer Law, Contracts, Personal Injury and Entertainment / Sports on
Q: Do I need parents to sign indemnity forms when children are in my arcade area of a restaurant?

I am hiring a space and offering youth a social area. Should parents sign an indemnity?

Will I need to take out 3rd party insurance or will this fall under the establishments insurance?

Thank you!

Kelly

Tim Akpinar
Tim Akpinar answered on Oct 1, 2020

Because of public policy considerations, such agreements (as a general matter nationwide) are not as effective as many people believe. You should consider discussing this in greater detail with your attorney and your insurance broker. The second part of your question could depend on the policy.... Read more »

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1 Answer | Asked in Entertainment / Sports on
Q: if i want to name a musical band tri trumpherant is it available?
Timothy John Billick
Timothy John Billick answered on Sep 29, 2020

There are no US federal trademark records for this EXACT phrase as of the date of this writing. However, you should reach out to a skilled trademark lawyer to do a more fulsome search to see if someone else is using the mark but just hasn't gotten around to filing for a US registration.... Read more »

1 Answer | Asked in Entertainment / Sports on
Q: if i want to name a musical band "Q Trumpherant" is it taken or available?

if i want to name a musical band "Q Trumpherant" is it taken or available? I want to register it as my musical band's name.

Timothy John Billick
Timothy John Billick answered on Sep 29, 2020

Hello,

There are no US federal trademark records for this EXACT phrase. However, you should reach out to a skilled trademark lawyer to do a more fulsome search to see if someone else is using the mark but just hasn't gotten around to filing for a US registration. "Common...
Read more »

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... Read 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... Read more »

1 Answer | Asked in Entertainment / Sports for New York on
Q: For Assumption of Risk and Release forms, do you need to have an LLC or an Inc to be legally binding?

I am a producer on a film production that is following COVID-19 guidelines for the set. We are requiring cast/crew sign an Assumption of Risk and Consent/Release forms. Most templates have an agreement between the individual signing and the "Company." As the director does not have a... Read more »

Jason Brooks
Jason Brooks answered on Aug 27, 2020

The short answer is no, you don’t need to be a legal entity to contract in this manner. But... Your question raises some potential red flags that aren’t easily discussed in this Q&A forum. I think you would benefit by by seeking the direct advice of an attorney here. If you would Like to... Read more »

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