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Entertainment / Sports Questions & Answers
Q: A group of friends are developing a video game - what's the best way to make sure we all get credit if we sell it?
Ali Ebrahimzadeh, Esq.'s answer
You should hire a lawyer to draft a partnership agreement and IP agreement. An ounce of prevention is worth a pound of cure, said Ben Franklin -- and with good reason! 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...
You should hire a lawyer to draft a partnership agreement and IP agreement. An ounce of prevention is worth a pound of cure, said Ben Franklin -- and with good reason! 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...
Q: My contract w/my agent exclusively binds me & my co-author to her. Are my solo projects also exclusively tied to her?
1 Answer
| Asked
in
Entertainment / Sports, Contracts and Intellectual Property
on
Answered on Jun 11, 2017
Answered on Jun 11, 2017
Griffin Klema's answer
Yes, you can always shop around for a lawyer who is willing to work within your budget. I suggest trying to find a lawyer who will charge a flat fee rather than an hourly rate. Also find someone who can look over the contract during a free consultation. You might not get an answer during that consultation, but you should know what it will take to get the answer (i.e. what research/investigation).
The problem is that to get you a precise answer (a "real" answer), will likely require the...
Yes, you can always shop around for a lawyer who is willing to work within your budget. I suggest trying to find a lawyer who will charge a flat fee rather than an hourly rate. Also find someone who can look over the contract during a free consultation. You might not get an answer during that consultation, but you should know what it will take to get the answer (i.e. what research/investigation).
The problem is that to get you a precise answer (a "real" answer), will likely require the...
Q: Trying to find out what the common practice is for an agent's cut of a person's salary
Jonathan Bradford Ripps' answer
Hi there - an agent's commission can be between 10 and 20 percent, depending on what type of project is procured. Each agent or manager should have a commission structure in their agreement. I hope that helps!
Best,
Jon
Hi there - an agent's commission can be between 10 and 20 percent, depending on what type of project is procured. Each agent or manager should have a commission structure in their agreement. I hope that helps!
Best,
Jon
Q: What're the Parody/Fair Use laws concerning impersonating fictional characters humorously narrating public domain works?
1 Answer
| Asked
in
Entertainment / Sports, Intellectual Property, Internet Law and Trademark
for
California
on
Answered on Jun 1, 2017
Answered on Jun 1, 2017
Ali Ebrahimzadeh, Esq.'s answer
This might qualify as a parody. Have a lawyer review the facts and business carefully to help you try to avoid IP violations. 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 &...
This might qualify as a parody. Have a lawyer review the facts and business carefully to help you try to avoid IP violations. 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 &...
Q: What should I be aware of if I submit an unsolicited screenplay to a studio in terms of ownership, etc.?
Donovan A Rodriques' answer
You should be aware that most studios will not read unsolicited scripts, for fear of copyright infringement litigation. You should contact an entertainment attorney or talent agent who can pitch your script on your behalf. Of course, you should ensure that your script is registered with the US Copyright Office, or at the very least, the WGA, before you submit it to third parties with whom you do not already have a contractual or fiduciary relationship.
You should be aware that most studios will not read unsolicited scripts, for fear of copyright infringement litigation. You should contact an entertainment attorney or talent agent who can pitch your script on your behalf. Of course, you should ensure that your script is registered with the US Copyright Office, or at the very least, the WGA, before you submit it to third parties with whom you do not already have a contractual or fiduciary relationship.
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
Answered on May 18, 2017
Will Blackton's answer
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...
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...
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
Answered on May 16, 2017
Ali Ebrahimzadeh, Esq.'s answer
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...
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...
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
Answered on May 16, 2017
Will Blackton's answer
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.
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.
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
Answered on May 13, 2017
Richard Sternberg's answer
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.
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.
Q: Someone told me an E&O insurance policy is essential to have prior to negotiating a contract for my screenplay. What
Ali Ebrahimzadeh, Esq.'s answer
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:...
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:...
Q: What kind of work permit do I need for my child that would like to get into commercials?
Ali Ebrahimzadeh, Esq.'s answer
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...
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...
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
Answered on May 4, 2017
Andy Wayne Williamson's answer
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.
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.
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
Answered on Apr 28, 2017
Will Blackton's answer
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...
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...
Q: If my school has a boys soccer team, do they have to have a girls one too?
Terrence H Thorgaard's answer
Generally, yes, if it's a public school. You might want to consult an attorney versed in the particulars of education law.
Generally, yes, if it's a public school. You might want to consult an attorney versed in the particulars of education law.
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?
Will Blackton's answer
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...
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...
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
Answered on Mar 31, 2017
Glenn B. Manishin's answer
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.).
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.).
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
Answered on Mar 30, 2017
Ali Ebrahimzadeh, Esq.'s answer
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:...
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:...
Q: What kind of licensing agreement should I have for a song I wrote and I'd like to sell?
Donovan A Rodriques' answer
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.
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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