Entertainment / Sports Questions & Answers by State

Entertainment / Sports Questions & Answers

Q: What if someone uses video of you in a TV commercial without your permission?

1 Answer | Asked in Copyright, Civil Litigation and Entertainment / Sports for Florida on
Answered on Dec 8, 2017

When you participated in the program 14 years ago and video was taken it is possible that you signed paperwork that gave them the right to use the video footage however they see fit. I am guessing that you would not have any of the paperwork that you may have signed from then.

You may want to ask them what authorization that they have to use the video footage of you to see what they will provide. I suggest that you consult with a lawyer in the Jacksonville area to get specific advice...
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Q: Do I (the producer) own the rights to an artist’s image/likeness/master recordings?

1 Answer | Asked in Contracts, Copyright, Entertainment / Sports and Trademark for Alabama on
Answered on Dec 4, 2017

Unless the artist agreed to convey to you the property you don't own it. You might try to enforce some contract by course of dealing, or attempt to show that he gave the work away, but you are going to learn a lesson in doing things without an agreement in place.
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Q: Does my band need to have an internal band contract? Should we consult with an attorney about that?

1 Answer | Asked in Entertainment / Sports for New York on
Answered on Nov 17, 2017

Hi - you need to think of your band as being similar to a marriage. If there are assets (equipment, recording contract or incoming revenue streams), and there is a breakup, there are going to be disputes on how the assets will be split up. If you are in that position, congrats! That indicates that you are seeing some success with your endeavor. However, it would be prudent to have an agreement between the members that solidifies what would occur if there was a break-up, etc. It can also include...
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Q: I'm considering developing an app that will use pictures and voice clips of celebrities. Am I in danger of being sued?

1 Answer | Asked in Copyright, Entertainment / Sports, Internet Law and Trademark for California on
Answered on Nov 16, 2017

If you choose the correct celebrity you can expect to be sued. California gives celebrities a "right of privacy." The law generally does not allow violation of rights just because the violator not want the "hassle" of obeying the rules.
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Q: I let a person borrow a camera I bought from her. Now she hasn’t replied me, I only have her number and license plate.

1 Answer | Asked in Civil Rights, Entertainment / Sports and Small Claims for California on
Answered on Nov 6, 2017

It appears you have learned a hard lesson. Take the jewelry that she gave you as collateral to a jewelry store and see what kind of price you can get for each piece. Then go to your local target store and buy yourself a good inexpensive camera. Either that or get yourself a decent iPhone, which has an excellent camera built right in.
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Q: How do trademarks and copyright differ?

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

Well a trademark protects items that help identify a brand such as the name, logo or slogan of the brand. Copyright on the other hand protects literary and artistic works, such as books, artwork and videos etc. For both of these you can’t protect an idea that’s only in your head but there are other ways to protect ideas still in your head while speaking to others about them.
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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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