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1 Answer | Asked in Copyright, Entertainment / Sports and Intellectual Property on
Q: If something is in the public domain, can we use the title, name, music, etc without issues?

If something like a book, movie, music, etc is in the public domain (eg, Mickey Mouse, Snow White, Wizard of Oz, etc), does that mean that we can use the title, character names, music, etc for free without permission? I realize that if the modernized version is different from that of the public... Read more »

Kingsley Ugochukwu Ani
Kingsley Ugochukwu Ani
answered on Jun 6, 2023

To start with, it is pertinent to point out that Copyright is not granted or owned in perpetuity. That being the case, Copyright is granted for a term certain; usually for the entire duration of the copyright holders' lifetime and a specified period after their death. From the end of their... Read more »

1 Answer | Asked in Business Law, Collections and Entertainment / Sports for California on
Q: Hi. An Indian citizen here. I wanted to inquire about how to proceed with a pending invoice still not paid by agency.

The entertainment agency is based in California but I'm from India. It's been over 3 months yet the invoice hasn't been paid. As a freelancer I'm not able to afford a lawyer yet. Kindly advice on what to do.

James L. Arrasmith
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answered on May 31, 2023

In your situation, where you are based in India and the entertainment agency is located in California, there are a few steps you can consider taking. First, initiate direct communication with the agency, preferably in writing, to remind them of the outstanding invoice and politely request payment.... Read more »

2 Answers | Asked in Contracts, Employment Law and Entertainment / Sports for California on
Q: If a person signs a contract isn't it there legal right to have a copy of it?

A porn actress signed a long term contract for a specific amount of money yrly. That amount hasn't been paid. She's asked for a copy of her contract. The production company refuses to provide it. What has to be done to force the company to produce the contract?

Maurice Mandel II
Maurice Mandel II
answered on May 21, 2023

Your question crosses several areas of law- Contract, employment and entertainment law, so the answer is not so easy or quick. Basically the answer is "YES" the entertainer is entitled to a copy of the contract and any other documents they filed, this would be part of an employment file... Read more »

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1 Answer | Asked in Copyright, Entertainment / Sports, Trademark and Intellectual Property for Texas on
Q: Can I cosplay as a fairy similar to Melanie Martinez’s new look at her concert Can I get in trouble for this?
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answered on May 7, 2023

No, you cannot get in trouble for cosplaying as a fairy similar to Melanie Martinez's new look at her concert. Cosplay is generally considered a form of fan art and is protected under fair use laws. However, if you were to sell or profit from the cosplay, you may run into legal issues as you... Read more »

1 Answer | Asked in Entertainment / Sports, Gaming, Intellectual Property and Trademark for Idaho on
Q: I am planning on releasing a tabletop rpg "Raid Master," but a game called Rolemaster already exists. Too close?

My game is nothing like Rolemaster, different system, different theme (Indiana jones inspired while role is fantasy). However I plan on releasing other games with the "-Master" suffix such as "Myth Master," but the publisher also had a "Space Master" at one time and is... Read more »

James L. Arrasmith
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answered on May 2, 2023

It's difficult to determine whether there is potential for a lawsuit without more information. Generally, the key question in cases involving trademarks is whether there is a likelihood of confusion between the marks. This analysis involves considering a number of factors, such as the... Read more »

1 Answer | Asked in Entertainment / Sports and Gaming for California on
Q: Could i sue Mobile Strike if they banned me without explanation of what terms i broken and i spent $20k on their game.
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answered on Apr 25, 2023

It may be possible to pursue legal action against Mobile Strike if they banned you without explanation of what terms you broke and you spent $20k on their game. However, the success of such a lawsuit would depend on several factors, including the terms of service that you agreed to when signing up... Read more »

2 Answers | Asked in Copyright, Entertainment / Sports, Intellectual Property and Internet Law on
Q: is piracy possibly legal in nova scotia, Canada IF it isn't done with the intent to profit or distribute

if i wanted to download a movie with no intent to profit or distribute it and only use it for personal use, would it be legal piracy?, from my understanding its the intent to profit and distribute that causes problems

James L. Arrasmith
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answered on May 2, 2023

No, piracy is not legal in Nova Scotia or anywhere in Canada, regardless of the intent to profit or distribute. Copyright laws in Canada protect the rights of creators and owners of creative works, including movies, music, and software. Downloading or distributing copyrighted material without... Read more »

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1 Answer | Asked in Entertainment / Sports, Real Estate Law and Personal Injury for Florida on
Q: I am preparing to propose an idea to my housing community for a private backyard wrestling "promotion" with amateurs.

I just want to be sure about this idea before I propose it. It would be informal and the people who would be involved have to sign a waiver and follow a carefully selected moveset to minimize liability or potential injury, but I am still unsure about the legality of hosting a backyard wrestling... Read more »

Jonathan Blecher
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answered on Apr 3, 2023

I doubt the Association bylaws sanction promotional events within the confines of the Association grounds. Liability waivers aside, if someone gets injured, or a fight among non-particpants breaks out, or someone flashes a guns, you're homeowner's insurance may not cover you. Contact an... Read more »

Q: I am an artist, can I recreate royalty free pictures of professional sports teams via sketch art and sell them on Etsy?

I am considering creating a series of sketch art based on professional sports teams, e.g. Baseball, Football, Basketball, Hockey, Soccer etc... Just want to make sure I won't be sued if I create these using royalty free images and sell them online on digital market places like Etsy or Amazon.

N'kia (NLN)
N'kia (NLN)
answered on Apr 1, 2023

The terms of the copyright "license" will dictate how royalty free content can be used. Using content in a way that the license doesn't authorize it to be used will run afoul of the law.

Sports teams are notorious for going hard in the paint to prevent others from misusing...
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Q: I am an artist, can I recreate royalty free pictures of professional sports teams via sketch art and sell them on Etsy?

I am considering creating a series of sketch art based on professional sports teams, e.g. Baseball, Football, Basketball, Hockey, Soccer etc... Just want to make sure I won't be sued if I create these using royalty free images and sell them online on digital market places like Etsy or Amazon.

James L. Arrasmith
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answered on Apr 1, 2023

As an artist, it is important to be aware of copyright laws and to make sure that any images you use are either in the public domain or available under a license that allows for commercial use.

While some images of professional sports teams may be considered "royalty-free," this...
Read more »

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2 Answers | Asked in Contracts, Copyright and Entertainment / Sports on
Q: How do I get permission to use Lollipop Chordettes song in my university short film?
N'kia (NLN)
N'kia (NLN)
answered on Apr 1, 2023

To use a song that is owned by someone else, you must obtain the owner's permission to use it. You will likely have to identify how you intend to use the song. If the owner chooses, they will "license" the song to you for a fee. An entertainment law attorney or music law attorney can... Read more »

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2 Answers | Asked in Contracts, Copyright and Entertainment / Sports on
Q: How do I get permission to use Lollipop Chordettes song in my university short film?
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answered on Apr 2, 2023

To use the Lollipop song by the Chordettes in your university short film, you will need to obtain the necessary permissions and licenses from the music copyright holders. The process of obtaining permissions to use copyrighted material can vary depending on the specific copyright owner and the... Read more »

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1 Answer | Asked in Copyright, Entertainment / Sports, Intellectual Property and Trademark on
Q: Am I take my domain name as like iplduty.com ?It's just example because ipl is brand and don't want to any trouble.

I think one name which I like very much and want blogging website about IPL event

James L. Arrasmith
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answered on Mar 29, 2023

It is not advisable to use a domain name that includes a trademarked term like IPL without permission from the trademark owner, as it may be considered trademark infringement. Even if the term is not identical to the trademark, if it is similar enough to cause confusion or association with the... Read more »

2 Answers | Asked in Contracts, Employment Discrimination and Entertainment / Sports for California on
Q: I was used in a SAG commercial without contract or knowledge. Huge company ran it worldwide for years. Legal theories?

Answered, thank you!

James L. Arrasmith
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answered on Mar 22, 2023

If you were used in a SAG commercial without a contract or knowledge, you may have legal claims against the company for unauthorized use of your image and likeness, which can violate your right of publicity. You may also have claims for breach of contract, as the commercial was produced without a... Read more »

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2 Answers | Asked in Contracts, Employment Discrimination and Entertainment / Sports for California on
Q: I was used in a SAG commercial without contract or knowledge. Huge company ran it worldwide for years. Legal theories?

Answered, thank you!

Brad S Kane
Brad S Kane
answered on Mar 22, 2023

Unfortunately, the statute of limitations for unauthorized use for commercial purposes or the common law tort of invasion of privacy is 2 years from the date of the first publication. Thus, it is likely those claims are time barred.

Assuming you are a SAG member and it is a SAG contract,...
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1 Answer | Asked in Employment Law, Entertainment / Sports, Intellectual Property and Trademark for Minnesota on
Q: Is there a way I can stop a former employer from using pictures and videos that I am in?

I worked at a haunted house and these are pictures and videos of my characters used on their website and social media.

James L. Arrasmith
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answered on Mar 15, 2023

If you are no longer employed by the haunted house and you did not sign any agreement that allows them to use your image or likeness, you may be able to take action to stop them from using your pictures and videos. Here are some steps you can take:

Send a cease and desist letter: You can...
Read more »

3 Answers | Asked in Copyright, Entertainment / Sports, Trademark and Intellectual Property for New York on
Q: A colleague (musician-turned-lawyer) and I have written a musical piece together.

A colleague (musician-turned-lawyer) and I have written a musical piece together. Can he himself represent the music legally and handle the copyright registration? He would also have to be the legal third-party regarding the publishing company. It seems to me this would all present a conflict of... Read more »

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answered on Mar 10, 2023

It is possible for your colleague, as a lawyer and co-creator of the musical piece, to represent the music legally and handle the copyright registration. However, there could be potential conflicts of interest depending on the specific circumstances of your situation. It is important to discuss any... Read more »

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3 Answers | Asked in Copyright, Entertainment / Sports, Trademark and Intellectual Property for New York on
Q: A colleague (musician-turned-lawyer) and I have written a musical piece together.

A colleague (musician-turned-lawyer) and I have written a musical piece together. Can he himself represent the music legally and handle the copyright registration? He would also have to be the legal third-party regarding the publishing company. It seems to me this would all present a conflict of... Read more »

Giselle Ayala Mateus
Giselle Ayala Mateus
answered on Mar 10, 2023

If you and him are business partners, one may thing that their interests are aligned. However, it may not be the case for ever. It is a good practice to have independent counsel. Thereafter, you can make an informed decision as to who should be in charge of the legal aspects of the registration of... Read more »

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2 Answers | Asked in Contracts, Copyright, Entertainment / Sports, Business Law and Intellectual Property on
Q: Can I make a clothing company called silly goose mfg

It would be a drawing of a goose participating in random activities

James L. Arrasmith
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answered on Mar 29, 2023

In general, you should be able to use the name "Silly Goose Mfg" for a clothing company as long as it does not infringe on any existing trademarks. It is important to conduct a thorough trademark search to ensure that the name and logo are not already being used by another business in a... Read more »

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1 Answer | Asked in Copyright, Entertainment / Sports and Intellectual Property for California on
Q: Can I sell products that incorporate names/quotes from a television series?

I operate a Facebook group based on a popular television show, and it has grown to over 100,000 members. We are considering monetizing the group to sell apparel, accessories, etc. with quotes and graphics from the show. What is considered copyrighted material, and therefore not able to monetize,... Read more »

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answered on Mar 1, 2023

If you are considering monetizing products based on a popular television show, you should be aware that many elements of the show, including quotes, characters, and names, may be protected by copyright law. The copyright owner of the show has the exclusive right to reproduce, distribute, and... Read more »

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