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Entertainment / Sports Questions & Answers
Q: If a nonprofit owns a film, but gives a portion of the revenue to the filmmakers, who truly owns it?
Donovan A Rodriques' answer
How does the agreement between the filmmakers and nonprofit treat the issue of ownership of the film? How do you know the nonprofit owns it? Are there any documentation evidencing copyright ownership of the film?
How does the agreement between the filmmakers and nonprofit treat the issue of ownership of the film? How do you know the nonprofit owns it? Are there any documentation evidencing copyright ownership of the film?
Q: Is there a law that governs college scholarship contract provisions regarding behavior or conduct outside of athletics?
Gregory J. Tarone's answer
Yes, and no, and to a certain extent it depends on the institution providing the scholarship and what the rule is. There is no specific "law" for it. That is, no state or federal statutes that apply. Scholarships are contracts governing the rights of the parties -- and that is where you begin to ascertain what regulatory bodies have authority over student-athlete conduct outside their athletic roles. Most student-athlete scholarships are provided by member institutions of the National...
Yes, and no, and to a certain extent it depends on the institution providing the scholarship and what the rule is. There is no specific "law" for it. That is, no state or federal statutes that apply. Scholarships are contracts governing the rights of the parties -- and that is where you begin to ascertain what regulatory bodies have authority over student-athlete conduct outside their athletic roles. Most student-athlete scholarships are provided by member institutions of the National...
Q: Question about dealing with dishonest practices by a Austin based company, Megolamedia. Want to know if I have a case.
Justin Charles Roberts' answer
Without more information (including seeing the agreement), it's difficult to determine whether or not you have a case. However, it generally sounds like you may need an attorney who can handle breach-of-contract cases, or potentially an attorney who can handle claims under the Deceptive Trade Practices Act.
Without more information (including seeing the agreement), it's difficult to determine whether or not you have a case. However, it generally sounds like you may need an attorney who can handle breach-of-contract cases, or potentially an attorney who can handle claims under the Deceptive Trade Practices Act.
Q: Can "Entertainment Inc." Purchase property? Multiple Properties?
2 Answers
| Asked
in
Entertainment / Sports, Real Estate Law and Tax Law
for
Arizona
on
Answered on Jun 8, 2018
Answered on Jun 8, 2018
Peter H. Westby's answer
Provided your corporation's governing documents allow it, your corporation can purchase real estate. Check with a lawyer in each state where you plan to purchase property. You may need to register your corporation as a foreign corporation doing business in each state. Your local lawyer will know.
Provided your corporation's governing documents allow it, your corporation can purchase real estate. Check with a lawyer in each state where you plan to purchase property. You may need to register your corporation as a foreign corporation doing business in each state. Your local lawyer will know.
Q: I need an entertainment attorney to look over a music feature contract that is 9 pages long. I have a budget.
H. Scott Aalsberg Esq.'s answer
Good lawyers are never cheap and generally cheap lawyers are never good. If the contract is important to you never skimp on a lawyer. Remember in life in general, including lawyers you get what you pay for. As for the contract in general most lawyers know contract law as it is first year law school mandatory course, but you are right to seek one that has clients that are in the music industry which many of us have if you have practiced more than a few years.
Good lawyers are never cheap and generally cheap lawyers are never good. If the contract is important to you never skimp on a lawyer. Remember in life in general, including lawyers you get what you pay for. As for the contract in general most lawyers know contract law as it is first year law school mandatory course, but you are right to seek one that has clients that are in the music industry which many of us have if you have practiced more than a few years.
Q: Can Delaware north sports group at Camden yards take a non profit volunteer without permission of the sub contractors
1 Answer
| Asked
in
Employment Discrimination, Employment Law and Entertainment / Sports
for
Maryland
on
Answered on May 28, 2018
Answered on May 28, 2018
John Espinosa's answer
This sounds like a matter of contract. Have any attorney review the applicable contracts with your subcontractors to determine if you need their pernission or not.
This sounds like a matter of contract. Have any attorney review the applicable contracts with your subcontractors to determine if you need their pernission or not.
Q: Is it possible to use fictional characters from tv shows in music under transformative usage?
Benton R Patterson III's answer
In theory, yes it is possible. An attorney would need to know more about the work to give an opinion on whether the particular use is transformative.
In theory, yes it is possible. An attorney would need to know more about the work to give an opinion on whether the particular use is transformative.
Q: Do screenwriters need any sort of professional liability insurance?
John Espinosa's answer
Yes, a professional liability insurance policy also known as errors and omissions. Can you do business without it? Sure, but then you take the risk.
Yes, a professional liability insurance policy also known as errors and omissions. Can you do business without it? Sure, but then you take the risk.
Q: Can a high school athlete hire an agent to represent them in choosing a college?
Gregory J. Tarone's answer
Yes, but then he or she loses all amateur eligibility to compete in NCAA and other organizations' athletics, but not necessarily the Olympics. An amateur athlete cannot have an agent. It is entirely legitimate to engage the services of a lawyer on a fee basis for legal advice and guidance, but not to negotiate for the athlete. Parents also should not negotiate for the athlete with anyone, particularly colleges. Never, ever, should an amateur accept any money, clothing, equipment or...
Yes, but then he or she loses all amateur eligibility to compete in NCAA and other organizations' athletics, but not necessarily the Olympics. An amateur athlete cannot have an agent. It is entirely legitimate to engage the services of a lawyer on a fee basis for legal advice and guidance, but not to negotiate for the athlete. Parents also should not negotiate for the athlete with anyone, particularly colleges. Never, ever, should an amateur accept any money, clothing, equipment or...
Q: HS Basketball coach made my son switch his shorts with another players shorts that had blood on it during a game.
1 Answer
| Asked
in
Entertainment / Sports, Criminal Law, Education Law and Personal Injury
for
Kentucky
on
Answered on Apr 29, 2018
Answered on Apr 29, 2018
Timothy Denison's answer
Not prudent but not criminal unless the blood was infected, the Coach knewcor should have know it was infected, and intended harm to your son.
Not prudent but not criminal unless the blood was infected, the Coach knewcor should have know it was infected, and intended harm to your son.
Q: I'm a songwriter from the Netherlands that recently signed a music publishing contract with an American company.
2 Answers
| Asked
in
Contracts, Immigration Law and Entertainment / Sports
for
Florida
on
Answered on Apr 19, 2018
Answered on Apr 19, 2018
Kevin D. Slattery Esq.'s answer
Depending on the level of your recognition in your field (music), you may qualify for, among other possibilities, an O-1 visa. You should schedule a consultation with a competent immigration attorney who can evaluate your credentials to see what immigration options may exist for you. For some general information regarding O-1 status, visit: https://www.uscis.gov/working-united-states/temporary-workers/o-1-visa-individuals-extraordinary-ability-or-achievement Note also that an O-1 is a...
Depending on the level of your recognition in your field (music), you may qualify for, among other possibilities, an O-1 visa. You should schedule a consultation with a competent immigration attorney who can evaluate your credentials to see what immigration options may exist for you. For some general information regarding O-1 status, visit: https://www.uscis.gov/working-united-states/temporary-workers/o-1-visa-individuals-extraordinary-ability-or-achievement Note also that an O-1 is a...
Q: Can I be prosecuted if I am a fan refusing to leave a high school sports game (soccer), and the referee asks me to?
1 Answer
| Asked
in
Entertainment / Sports, Criminal Law and Libel & Slander
for
Kentucky
on
Answered on Apr 18, 2018
Answered on Apr 18, 2018
Timothy Denison's answer
The ref does not have the authority to eject or remove anyone from the game or stadium and you do not have to leave. However, if school officials ask you to leave the game, you should leave becacuase if you remain you could be arrested and charged with Criminal Trespass.
The ref does not have the authority to eject or remove anyone from the game or stadium and you do not have to leave. However, if school officials ask you to leave the game, you should leave becacuase if you remain you could be arrested and charged with Criminal Trespass.
Q: Can Gaming Events offer cash prizes if children enter the event?
Carrie A. Ward's answer
You will need to make sure the structure of your game does not trigger an illegal lottery concern. Illegal lotteries consist of 3 elements: (1) provision of a prize; (2) chance; and (3) consideration (i.e., money is paid to play). Event organizers should consult experienced promotions and sweepstakes counsel to advise you on how to structure your game legally. Other considerations such as the age of entrants may have to be taken into consideration too. However, experienced counsel can...
You will need to make sure the structure of your game does not trigger an illegal lottery concern. Illegal lotteries consist of 3 elements: (1) provision of a prize; (2) chance; and (3) consideration (i.e., money is paid to play). Event organizers should consult experienced promotions and sweepstakes counsel to advise you on how to structure your game legally. Other considerations such as the age of entrants may have to be taken into consideration too. However, experienced counsel can...
Q: Dealing with an issue whether I'm able to use multiple song titles on a website that creates profit without song content
1 Answer
| Asked
in
Copyright, Entertainment / Sports and Trademark
for
North Carolina
on
Answered on Apr 13, 2018
Answered on Apr 13, 2018
Jason Brooks' answer
I’m inclined to say yes, but definitely would need more info regarding the intended use. Feel free to email me at: Jason@altviewlawgroup.com to discuss
I’m inclined to say yes, but definitely would need more info regarding the intended use. Feel free to email me at: Jason@altviewlawgroup.com to discuss
Q: I want to know if I can sue a mobile game app.
Jason Brooks' answer
The beauty (and more often, the detriment) of our American legal system is that anyone can sue somebody for anything -- the more pertinent question to ask here is: Do I have a *legitimate* lawsuit against this mobile developer for their allegedly unfair/deceptive business practices? To that, the answer is... maybe. If you were to file a lawsuit, AND find actual evidence through the Discovery process that supports your theory, then yes you could stand to win big. But the harsh reality is...
The beauty (and more often, the detriment) of our American legal system is that anyone can sue somebody for anything -- the more pertinent question to ask here is: Do I have a *legitimate* lawsuit against this mobile developer for their allegedly unfair/deceptive business practices? To that, the answer is... maybe. If you were to file a lawsuit, AND find actual evidence through the Discovery process that supports your theory, then yes you could stand to win big. But the harsh reality is...
Q: I own a gaming website that blogs and reviews to promote gaming companies.
Carrie A. Ward's answer
You will need permission from the gaming companies to use images of their game that you are using in a promotional context. Taking screenshots from your own game and then using them for commercial purposes is not advisable.
You will need permission from the gaming companies to use images of their game that you are using in a promotional context. Taking screenshots from your own game and then using them for commercial purposes is not advisable.
Q: Can you tell a true story on a podcast, change names and locations and it be legal? Can a teacher do this?
2 Answers
| Asked
in
Entertainment / Sports, Communications Law and Libel & Slander
for
Pennsylvania
on
Answered on Mar 26, 2018
Answered on Mar 26, 2018
Peter Munsing's answer
Depends on the circumstances. It is not illegal but it could make it a case for libel.
Depends on the circumstances. It is not illegal but it could make it a case for libel.
Q: Is a satire I've created based on another work considered fair use? Can I sell it?
Ivan Jose Parron Esq.'s answer
"Fair Use" is not an affirmative right, it is only a defense. In other words, you would have to be sued first and use the "Fair Use" arguments as a defense. You should consult with an experienced entertainment lawyer before taking any action or inaction.
"Fair Use" is not an affirmative right, it is only a defense. In other words, you would have to be sued first and use the "Fair Use" arguments as a defense. You should consult with an experienced entertainment lawyer before taking any action or inaction.
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