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Entertainment / Sports Questions & Answers
1 Answer | Asked in Entertainment / Sports for Florida on
Q: I'm an actor - what are the reasons for having both an agent and an entertainment law attorney?
Terrence H Thorgaard
Terrence H Thorgaard
answered on Oct 3, 2017

Same reason that any business might have salespersons, as well as an attorney to draft sales contracts, and litigate alleged breaches of such contracts.

1 Answer | Asked in Divorce and Entertainment / Sports for New Jersey on
Q: My friend's divorce procedure has been in court for almost a decade. What can she do?

I'm asking this question on behalf of a dear friend. She is a woman whom the state of New York has declared disabled. She has gone though two brain surgeries. In the years the trial has dragged on the arrears owed by her husband (who works in the entertainment industry) has amassed to... View More

Bari Weinberger
Bari Weinberger
answered on Oct 2, 2017

Hello and thanks for asking your question for a friend. It is a shame that this situation has dragged on for so long and it is surely something that should be avoided if at all possible. It is really very difficult to answer you with an great specificity without knowing all the ins and outs of your... View More

1 Answer | Asked in Consumer Law, Entertainment / Sports and Internet Law for Kentucky on
Q: Is it legal to sell vintage (1960's) pulp/sleaze/erotica paperbacks & trading cards online from Kentucky?

My boyfriend's friend gave him a box of vintage sleaze/erotica paperbacks and trading cards. My bf wants to sell on Amazon & Ebay, which is okay, according to their policies. Is it legal to sell them from Kentucky?

Benton R Patterson III
Benton R Patterson III
answered on Sep 27, 2017

This is most likely alright. If you legally acquired the paperbacks and trading cards, you are free to resell them. The first sale doctrine allows people to resell what the purchase without restriction from the copyright or trademark owner. Although, if they are adult materials, you cannot sell... View More

1 Answer | Asked in Business Formation and Entertainment / Sports for Pennsylvania on
Q: I want to start a gospel record label. Should it be llc. or 501c?
Peter N. Munsing
Peter N. Munsing
answered on Sep 1, 2017

You need to have a cpa advise you. At the initial stage it may not matter much. Consulting a copyright attorney would be a good thing too.

1 Answer | Asked in Entertainment / Sports, Internet Law and Intellectual Property for Washington DC on
Q: Is it a copyright infringement having a puppet sing a line from Whitney Houston song in a video for a nat'l contest?

The video will be posted on social media and the winner will receive scholarship money for college.

Donovan A Rodriques
Donovan A Rodriques
answered on Aug 31, 2017

It probably is. You should get clearance first. Best of luck!

2 Answers | Asked in Entertainment / Sports, Intellectual Property and Trademark for New York on
Q: What release forms do I need?

I just finished shooting a video with my friend and we're both minors. What release forms do I need and how/where can I get them?

Ali Shahrestani,
Ali Shahrestani,
answered on Aug 13, 2017

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... View More

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1 Answer | Asked in Entertainment / Sports, Intellectual Property and Trademark for New York on
Q: What should I say to successfully obtain the rights for an abandoned/dead mark from the original trademark registrants?

I ran a search in TESS for a stage name that I would like to use and came across a DEAD (since 2007) trademark for it under the IC 009 category. They were using it for a "series of musical recordings..." which is what I would like to use it for.

I have found the contact... View More

Benton R Patterson III
Benton R Patterson III
answered on Aug 7, 2017

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... View More

1 Answer | Asked in Copyright and Entertainment / Sports for California on
Q: For a copyright lawyer: Which liscenses do I have to get when posting music covers on Youtube?

Looking for some advice from a copyright lawyer that I can potentially stake my life on.

I know for covers in general, licenses discussed are usually mechanical, sync, and I've seen mentions of Master Use licenses.

For posting a cover purely on Youtube, without monetization,... View More

Robert P. Cogan
Robert P. Cogan
answered on Aug 7, 2017

"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... View More

1 Answer | Asked in Business Law, Entertainment / Sports, Intellectual Property and Internet Law for New York on
Q: is public access tv considered public domain?

i wanna post a rare interview from a public access tv show from the early '90's onto my YouTube channel but don't wanna get my channel deleted

Barry E. Janay
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answered on Aug 7, 2017

Probably not, contact the shows producers and ask for permission / a license.

1 Answer | Asked in Contracts and Entertainment / Sports for New York on
Q: Can I collect a finders fee as a "Consultant" for introducing an investor to a producer for an animated tv series in NY?

New York governance in the agreement

Robert P. Cogan
Robert P. Cogan
answered on Aug 3, 2017

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...
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1 Answer | Asked in Entertainment / Sports for New York on
Q: Filming a doc,got an appearance release form signed, but he refuses to sign a location release,can I use any footage?

Hello, I hired some people to film an interview for my documentary, the footage is in the can. I got the interviewee to sign an appearance release but he refuses to sign a location release. He is basically holding the film hostage. -How important is the location release for a documentary,... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Aug 2, 2017

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,... View More

1 Answer | Asked in Business Law, Copyright, Entertainment / Sports and Business Formation for California on
Q: Can I start an organization in the name of a deceased public figure?

The Foundation for the person in question (Kathryn Kuhlman) recently shut down, and she has no immediate offspring such as children.

Robert P. Cogan
Robert P. Cogan
answered on Jul 27, 2017

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.

1 Answer | Asked in Entertainment / Sports for New York on
Q: My sixteen year old daughter signed a modeling contract without my consent. Is it legally binding, even if she's not 18?
Ali Shahrestani,
Ali Shahrestani,
answered on Jul 26, 2017

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,... View More

2 Answers | Asked in Entertainment / Sports, Intellectual Property and Trademark for New York on
Q: How would I successfully go about obtaining a stage name, that was filed/abandoned (is DEAD) 10+ years ago?

I ran a search in TESS for the stage name that I would like to use and came across a DEAD trademark under the IC 009 category. They were using it for a "series of musical recordings..." which is what I'd like to use it for, however it was filed in March 2006, and abandoned in April... View More

Donovan A Rodriques
Donovan A Rodriques
answered on Jul 25, 2017

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... View More

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1 Answer | Asked in Copyright, Entertainment / Sports and Trademark on
Q: How is a work of fiction like The Walking Dead legally allowed to feature an organization like the CDC?

In that same thread, how is a videogame like Deus Ex allowed to feature and reference an organization like FEMA? What are the rules regarding the use of these US federal government agencies in a work of fiction?

Donovan A Rodriques
Donovan A Rodriques
answered on Jul 25, 2017

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

1 Answer | Asked in Entertainment / Sports for California on
Q: I am looking for the California labor law pertaining to rendering payment for personal working on a TV production.

The company never came up with deal memo's or contracts prior to production. Though we should be on payroll, they insisted we send invoices. It has been over 70 days with no payment and the company states they are within the law, since we did not have a signed contract.

Robert P. Cogan
Robert P. Cogan
answered on Jul 24, 2017

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... View More

2 Answers | Asked in Entertainment / Sports for California on
Q: Do agents have any legal obligations to you once you've signed with one?
Robert P. Cogan
Robert P. Cogan
answered on Jul 24, 2017

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... View More

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1 Answer | Asked in Real Estate Law, Civil Rights and Entertainment / Sports for Florida on
Q: I live in a gated community. We need help with a conflict with the hoa. We believe we are being denied rights.

There is a rental policy for the clubhouse. For 2 years we rented and hosted house concerts. Private event. Hoa does not like inviting outsiders. Changing rules to specifically exclude us.

Jennifer Isaksen
Jennifer Isaksen
answered on Jun 30, 2017

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... View More

2 Answers | Asked in Copyright, Business Law, Entertainment / Sports and Intellectual Property for New York on
Q: Copyright reg: does 'authorship on appl' for 'entire work' protect music and vocals in a motion picture live recording?

I received the answer to my question so thank you.

Michael David Siegel
Michael David Siegel
answered on Jun 27, 2017

You need to copyright the individual songs. What you did covers the video, but not the songs re-done on an album.

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1 Answer | Asked in Entertainment / Sports for New York on
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 Shahrestani,
Ali Shahrestani,
answered on Jun 25, 2017

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... View More

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