Entertainment / Sports Questions & Answers by State

Entertainment / Sports Questions & Answers

Q: What kind of licensing agreement should I have for a song I wrote and I'd like to sell?

1 Answer | 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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Q: My daughter isn't being allowed to play in the town little league - boys only. Anything I can do here?

1 Answer | Asked in Entertainment / Sports for New York on
Answered on Mar 11, 2017

This sounds like gender-based discrimination, and you may be able to file an administrative complaint with the town, if timely. Thereafter if your concerns are not satisfied, you may be able to sue. 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...
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Q: Can I still release a comedy film if another production released a project with the same name?

1 Answer | Asked in Entertainment / Sports and Intellectual Property for California on
Answered on Mar 5, 2017

You can use the title, provided that there are no prohibitions under unfair competition and trademark law, and both you and the owner of the other title are not members of the Motion Picture Association of America.
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Q: Script release form question. I'm wanting to know if this is stating that the prodco can take my material w/out paying.

1 Answer | Asked in Entertainment / Sports and Intellectual Property for California on
Answered on Feb 17, 2017

That sounds like a terrible contract for a writer to sign as it gives away all rights to a script for any price set by the buyer. Why would you sign that? 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...
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Q: what is the process to trademark a name or logo

1 Answer | Asked in Copyright, Intellectual Property, Trademark and Entertainment / Sports for North Carolina on
Answered on Feb 9, 2017

The process to trademark a name or logo, as well as other informational resources, can be found at: https://www.uspto.gov/trademark
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Q: Q: I produced a show. A poet read and a band played. Someone videoed it. Do I have any rights to the video?

1 Answer | Asked in Entertainment / Sports and Intellectual Property for New York on
Answered on Jan 23, 2017

It depends on whether there were any express restrictions re: video-taping the show or whether there was any agreement re: the same. Was it a public or private show? The facts are important. 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...
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Q: Can I use Beyonce's song and make it funny like: Artist "Reyonce" doing Beyonce Cover (example) or any famous artist?

1 Answer | Asked in Copyright, Entertainment / Sports, Intellectual Property and International Law for New York on
Answered on Jan 19, 2017

There's a fine line between infringement and fair use (e.g., parody) of a copyrighted song. The best first step is an Initial Consultation with an Attorney. You can read more about me on my law practice website. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.
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Q: I wrote and sold a screenplay but have not been paid. Is the ownership of the screenplay still mine if they fail to pay?

1 Answer | Asked in Contracts, Entertainment / Sports and Intellectual Property for California on
Answered on Jan 17, 2017

It depends on the terms of the contract re: payment. If payment is never made, then arguably the contract is never effectuated or at least is breached, as payment is either a material contractual term or a necessary precondition that needs to be fulfilled prior to effectuation of the contract. Have a lawyer review the contract's terms. The best first step is an Initial Consultation with an Attorney. You can read more about me on my law practice website. This answer does not constitute legal...
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Q: if some already trademarks Virgin Entertainment Africa can i still trademark Virgin

1 Answer | Asked in Copyright, Entertainment / Sports and Trademark on
Answered on Jan 17, 2017

Whether "Virgin" is trademark protectable depends on the source of the products/goods/services the name is being used to identify, whether it aids consumers in identifying and differentiating between your brand and that of Virgin Entertainment Africa, and protect the trademark owner’s goodwill and reputation. The mark must be distinctive. Distinctiveness is determined by assessing whether and to what extent the mark is (i) “generic,” (ii) “descriptive,” (iii) “suggestive,” (iv)...
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Q: Is it possible for fans to help a music artist buy their way out of their contract?

1 Answer | Asked in Contracts, Employment Law and Entertainment / Sports for California on
Answered on Dec 20, 2016

You need to consult with an experienced entertainment attorney who can give you good advice. Do a search on Justia
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Q: Can an Artist do a double booking the same day, without one of the parts know about it

1 Answer | Asked in Entertainment / Sports for Massachusetts on
Answered on Dec 9, 2016

I see no problem with doing two shows in one day, but it depends on the contractual terms at play with each party/ venue. The best first step is an Initial Consultation with an Attorney. You can read more about me on my law practice website. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.
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Q: What is the right agreement/contract to promise compensation/work on the condition they perform a pre-agreed upon task?

1 Answer | Asked in Contracts and Entertainment / Sports for New York on
Answered on Nov 24, 2016

There is not a "form" you can use, but such an agreement can be drafted. It would not need to be that complex.
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Q: My boy wants to have a live show for his rock band in my backyard, can he?Terre haute indiana

1 Answer | Asked in Entertainment / Sports, Land Use & Zoning and Municipal Law for Indiana on
Answered on Sep 19, 2016

A lot depends on the size of your backyard. You should probably review local ordinances on noise, parking, etc. Your municipality or political subdivision will have ordinances on file. If you have any concerns, contact an attorney, or perhaps even your zoning board.
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