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Entertainment / Sports Questions & Answers
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
Answered on Aug 13, 2017
Ali Ebrahimzadeh, Esq.'s answer
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...
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...
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
Answered on Aug 7, 2017
Benton R Patterson III's answer
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.
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.
Q: For a copyright lawyer: Which liscenses do I have to get when posting music covers on Youtube?
Robert Philip Cogan's answer
"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...
"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...
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
Answered on Aug 7, 2017
Barry Eran Janay's answer
Probably not, contact the shows producers and ask for permission / a license.
Probably not, contact the shows producers and ask for permission / a license.
Q: Can I collect a finders fee as a "Consultant" for introducing an investor to a producer for an animated tv series in NY?
Robert Philip Cogan's answer
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....
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....
Q: Filming a doc,got an appearance release form signed, but he refuses to sign a location release,can I use any footage?
Ali Ebrahimzadeh, Esq.'s answer
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,...
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,...
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
Answered on Jul 27, 2017
Robert Philip Cogan's answer
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.
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?
Ali Ebrahimzadeh, Esq.'s answer
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...
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...
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
Answered on Jul 25, 2017
Donovan A Rodriques' answer
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.
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.
Q: How is a work of fiction like The Walking Dead legally allowed to feature an organization like the CDC?
Donovan A Rodriques' answer
The particular use of the organizations may be "nominative fair use" or protected by First Amendment interests in artistic expression. Read the following article for an in depth analysis: http://rodriqueslaw.com/blog/how-use-brands-and-products-film
The particular use of the organizations may be "nominative fair use" or protected by First Amendment interests in artistic expression. Read the following article for an in depth analysis: http://rodriqueslaw.com/blog/how-use-brands-and-products-film
Q: I am looking for the California labor law pertaining to rendering payment for personal working on a TV production.
Robert Philip Cogan's answer
The company's position seems to be unsupported. It is impossible to know without listing all the facts. What was the work? Should you have been an employee? Other factors besides labor include contract law and civil procedure. Based on your question it seems unlikely that quoting a statute to the company would encourage them to pay you. How much money is at stake? If you do not consult an attorney, it is possible that you will collect nothing.
The company's position seems to be unsupported. It is impossible to know without listing all the facts. What was the work? Should you have been an employee? Other factors besides labor include contract law and civil procedure. Based on your question it seems unlikely that quoting a statute to the company would encourage them to pay you. How much money is at stake? If you do not consult an attorney, it is possible that you will collect nothing.
Q: Do agents have any legal obligations to you once you've signed with one?
Robert Philip Cogan's answer
If you have signed with an agent it means that there is a contract. Contracts includes terms and conditions. Usually the terms specify the legal obligations of both you and the agent. There also may be obligations that apply under the law even if they are not spelled out in the contract. It appears that you need to get the contract reviewed. Often, people have an attorney review a contract before they sign it so that they know what they are getting into.
If you have signed with an agent it means that there is a contract. Contracts includes terms and conditions. Usually the terms specify the legal obligations of both you and the agent. There also may be obligations that apply under the law even if they are not spelled out in the contract. It appears that you need to get the contract reviewed. Often, people have an attorney review a contract before they sign it so that they know what they are getting into.
Q: I live in a gated community. We need help with a conflict with the hoa. We believe we are being denied rights.
1 Answer
| Asked
in
Real Estate Law, Civil Rights and Entertainment / Sports
for
Florida
on
Answered on Jun 30, 2017
Answered on Jun 30, 2017
Jennifer Isaksen's answer
You will need to review the HOA Declarations to determine the policy in place. If they changed the policy after you purchased your property, you will want to review the provisions regarding amendments. There is usually a notice and meeting requirement to call a vote of the homeowners to approve the change. You may want to review your documents with an attorney to determine the best course of action for you. Best of Luck! Jennifer
You will need to review the HOA Declarations to determine the policy in place. If they changed the policy after you purchased your property, you will want to review the provisions regarding amendments. There is usually a notice and meeting requirement to call a vote of the homeowners to approve the change. You may want to review your documents with an attorney to determine the best course of action for you. Best of Luck! Jennifer
Q: Copyright reg: does 'authorship on appl' for 'entire work' protect music and vocals in a motion picture live recording?
2 Answers
| Asked
in
Copyright, Business Law, Entertainment / Sports and Intellectual Property
for
New York
on
Answered on Jun 27, 2017
Answered on Jun 27, 2017
Michael David Siegel's answer
You need to copyright the individual songs. What you did covers the video, but not the songs re-done on an album.
You need to copyright the individual songs. What you did covers the video, but not the songs re-done on an album.
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?
2 Answers
| 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.
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