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2 Answers | Asked in Entertainment / Sports, Gaming and Tax Law for North Carolina on

Q: NC shot down a 2017 bill to legalize and tax Daily Fantasy Sports winnnings. Do i have to pay tax on winnings then?

I havent been able to get a clear answer on this. If DFS is not regulated and taxed in NC then i shouldn't have to pay state taxes on my yearly winnings right? Only Federal taxes. If so what is it taxed under and at what %

James Richard Yandle answered on Jun 17, 2019

Wrong. The income is taxable, whether legal or not. Same as for income from embezzlement, illegal drug sales, or racketeering.

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2 Answers | Asked in Business Formation, Entertainment / Sports and Intellectual Property for New York on

Q: As a musician who intends to perform independently under the gov legal name, what should I do first to protect my work?

I intend to begin performing on the stage as well as sell my music and other media content via digital platforms: all under my name. On the longer run I intend to establish a company that will be specializing in producing media content, managing artists performances (primarily as a booking agency),... Read more »

Michael David Siegel answered on Jun 11, 2019

What is "gov legal name"? Do you mean your name? You actually need to trademark your name. While it seems odd, if your name is a brand, you need to protect it. Whether you incorporate at this point or not (and it generally is beneficial to do so), if your name will be the name of the... Read more »

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1 Answer | Asked in Contracts and Entertainment / Sports for Illinois on

Q: Does this artist management clause allow a manager to collect post-term from platforms like Tunecore or Distrokid?

I was curious if these digital platforms would fall underneath this clause if the manager uploaded the music, because while they are considered DIY platforms, technically they are creating a contract with the distributor whether it's Tunecore, Distrokid, CD Baby etc. Here's the exact wording...... Read more »

Edward X. Clinton, Jr answered on Jun 7, 2019

Yes, the agreement requires the artist to pay commissions on contracts entered into during the term of the agreement. So if an artist enters into an agreement with medis company X during the term of the agreement, the manager would seek to collect a percentage of that income.

This clause...
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1 Answer | Asked in Entertainment / Sports for California on

Q: on a 3% gross royalty of SLRP for $50 w/ $10 poster merch, is the producer entitled to 3% of $50 or 3% minus merch costs

on a 3% gross royalty of SLRP for $50 w/ $10 poster merch, is the producer entitled to 3% of $50 or 3% minus merch costs

Jason Brooks answered on May 1, 2019

It depends on how "Gross Royalty" is defined in the contract. It's not uncommon to allows for deductions for actual expenses which could include your hard costs for merch, but if it's not specifically stated in the contract, then the inference would be 3% of the total royalty as received, without... Read more »

1 Answer | Asked in Intellectual Property, International Law and Entertainment / Sports on

Q: can Also know as mark, and Trade and service mark within same class or industry conflict?

Griffin Klema answered on Apr 24, 2019

Maybe. There's not enough information in your question to answer it.

1 Answer | Asked in Entertainment / Sports on

Q: I am wondering about when my ex has my children in the summer if he is allowed to not have the go to there ball games

He gets them half of summer and is trying to take them on a vacaction where my son will miss games I have paid for

Marcos Garciaacosta answered on Apr 20, 2019

This may be something the court would not want to get involved.

It is probably too much hassle to go in front of the judge, but you can do that if you do not come to an agreement.

1 Answer | Asked in Consumer Law, Animal / Dog Law and Entertainment / Sports for California on

Q: I was wondering about the carry legalities of Spears in CA. Do I need permits/certification/job necessity to carry them?

I’m planning on having a couple spears made (Heritage purposes). One as a family heirloom to pass down, and one for hunting/recreational purposes. Is it even legal to hunt with spears?

William John Light answered on Apr 12, 2019

Hunting opportunities in this state with a spear and/or atlatl are limited. No big or small game species could legally be taken with one. However, animals that are classified as "non-game" species could be (coyotes, rodents, opossum, etc). You would first need to obtain a hunting license. Confirm... Read more »

2 Answers | Asked in Contracts and Entertainment / Sports for Texas on

Q: How Much Should I Charge for Using My Image?

So let me start by stating that I know I need an agent ASAP and I'm in the process of getting one. My question is about a well known movie theatre company using my image. I responded to a post that asked for models for a 'test shoot' and that they would choose from us those who would film a... Read more »

Jason Brooks answered on Apr 9, 2019

Your rate depends on a variety of factors, including the scope of their use -- for example, where will they be using your image and for how long? In what capacity can they use it? Also your own stature as a model/actress/celebrity factors into this equation.

An agent or an attorney can...
Read more »

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2 Answers | Asked in Contracts and Entertainment / Sports for California on

Q: background actor won't sign release form for video?

WE were shooting a scene with an actor in a bar who was playing an extra, he agreed to be in the video and as we ran out of release forms we agreed to send him a copy via email. Days later he had a change of heart about signing and contacted his lawyer that he wants me to talk to directly in... Read more »

Thomas A. Grossman answered on Apr 8, 2019

I practiced intellectual property law for several years. The general rule is that if a person in the background of a movie scene is unrecognizable, they probably cannot sue for anything. However, the company's promise to send him a contract complicates matters somewhat, and could come up in Court... Read more »

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3 Answers | Asked in Civil Rights, Consumer Law, Personal Injury and Entertainment / Sports for California on

Q: Do I have a viable claim against the theater or MPAA for negligence not accommodating a class protected by ADA et al?

I suffer from blood-injury-and-injection phobia and anxiety.

Sunday afternoon I was at a Regal theater to watch a drama film. To my surprise, graphic content full of blood and lifelike surgeries started playing. With nausea overwhelming me I proceeded towards the exit. I sensed the coming... Read more »

Dale S. Gribow answered on Apr 4, 2019

much more info needed.

I have never heard of a condition like yours and suspect it is incumbent on YOU to check on films you go to see to be sure there are no scenes that could hurt you.

anyone can sue at any time for anything but I certainly would not accept the case on a...
Read more »

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3 Answers | Asked in Contracts and Entertainment / Sports for New York on

Q: I am suing a venue for an event I had produced. I live in Queens, do I file in Queens or Fishkill?

Michael David Siegel answered on Feb 28, 2019

I always recommend suing where the defendant is located. It saves a step in enforcing the judgment.

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1 Answer | Asked in Copyright and Entertainment / Sports for Illinois on

Q: Is viewing a movie from a streaming sight illegal? Owning no copy of the movie.

Marcos Garciaacosta answered on Feb 27, 2019

Very possible.

If the streaming site is not licensed you may be contributing.

Stick to official channels and pay, it is not worth the risk

1 Answer | Asked in Copyright and Entertainment / Sports on

Q: Is making a multiple choice game show with pixelated videos without original audio count as fair use?

I want to make a YouTube channel, were I use copyrighted material for a guessing game. In these videos, I take small clips from movies, TV shows, or Internet videos. I pixelate the videos and switch the audio out with one of YouTube's royalty free music. The clip would be less than 30 seconds.... Read more »

Marcos Garciaacosta answered on Feb 15, 2019

You are skating on very thin ice. I would not recommend you do this without proper licenses.

It is a great idea, but fraught with legal minefields.

1 Answer | Asked in Entertainment / Sports for California on

Q: If Someone Owes A Bookie, Is This Person Legally Obligated To Pay? And Would If The Bookie Decided To Track This Person?

The person is down $3500 and doesnt have the money to pay, this person is scared that if he cant pay, that the bookie would come after him. Is this legal? What should This Person do if he cant pay at all? And how can he stay safe after letting the bookie know?

Ali Shahrestani, Esq. answered on Feb 4, 2019

Was this a legal bet or part of illegal gambling activities? If you're facing assault or worse, you can report this to the police. If you're guilty of illegal gambling as well, you might face related criminal charges yourself. More details are necessary to provide a professional analysis of your... Read more »

1 Answer | Asked in Copyright, Entertainment / Sports and Intellectual Property for Florida on

Q: I would like to do a skit that makes fun of some Star Wars tropes. How does that work now that Disney owns it?

Does is fall under satire or parody?

Griffin Klema answered on Jan 24, 2019

It depends on just how much of your skit would be considered parody. Parody may be considered fair use under U.S. law (17 USC 107), but whether a particular performance/video/etc. actually provides a fair use defense depends on the specific facts, and then how those facts compare to the factors... Read more »

1 Answer | Asked in Land Use & Zoning, Real Estate Law, Foreclosure and Entertainment / Sports for Alabama on

Q: Can you please explain this to me. So if I know where an abandoned house is. Do I need to file paper work and

Move in asap? If so what paperwork do I need to file. I've noticed a couple different forms that could be filed. I Know to change the locks. I need to know the right way to go about it so I don't get in trouble or go to jail for something I didn't understand.

Kevin M Ryan answered on Jan 19, 2019

Just because the house appears to be "abandoned" does not mean that there is not a legal owner. It may be owned by a bank, and in the process of foreclosure, probate or bankruptcy. You would need to contact the owner or the owner's legal representative in order to make an offer to purchase the... Read more »

1 Answer | Asked in Business Formation, Copyright, Entertainment / Sports and Trademark for Utah on

Q: Hello, Can you me setup an entity like Hot Pancakes has with Bella Forrest and maintain privacy for my author business?

I am the only person in my business and I really want to keep it that way. If possible. I am using ghostwriters to create the books. I handle everything else.

Wesley Winsor answered on Jan 4, 2019

I am sorry, I do not understand your question. Please explain more.

Wes

1 Answer | Asked in Copyright, Entertainment / Sports, Intellectual Property and Trademark for New York on

Q: Want to get the rights to use music from an old TV show in a short film I am making. I believe it's owned by CBS.

The music is from two 1961 episodes of The Twilight Zone that were scored by composer Jerry Goldsmith. How would I go about getting the rights to use that music in a short film I am working on? Would this even be possible? Any idea of what it would cost? Thanks!

Ali Shahrestani, Esq. answered on Jan 2, 2019

See my reply to your same question posted in the CA section of this forum. A license from the copyright owner would be required if you don't qualify under the "Fair Use" exceptions. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial... Read more »

1 Answer | Asked in Copyright, Entertainment / Sports, Intellectual Property and Trademark for California on

Q: Want to get the rights to use music from an old TV show in a short film I am making. I believe it's owned by CBS.

The music is from two 1961 episodes of The Twilight Zone that were scored by composer Jerry Goldsmith. How would I go about getting the rights to use that music in a short film I am working on? Would this even be possible? Any idea of what it would cost? Thanks!

Ali Shahrestani, Esq. answered on Jan 2, 2019

To use copyrighted material, one would need to find out who owns the copyright and contact them for a license. But you'd also need to determine whether your use qualifies as "fair use". More details are necessary to provide a professional analysis of your issue. The best first step is an Initial... Read more »

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