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California Entertainment / Sports Questions & Answers

2 Answers | Asked in Contracts, Entertainment / Sports, Gaming and Personal Injury for California on

Q: how can we sue two companies named "EA Games" and "evenbalance" ?

Hello!

i am a gamer who plays Video games day by day.

recently i got banned by an anti cheat Company called punkbuster without any using of cheats.

while i have payed 180 $ for my game.(*** Note : i accept the price is small but it's not only me who is involved... two named... Read more »

William John Light answered on Jul 26, 2019

Small Claims, at best.

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

Q: I'm making an independent feature film and in the script I verbally reference work by other people.

Do I need to obtain clearance if the work is mentioned verbally and not actually seen on screen?. For example, if I have a line from a popular musical. Another example would be if I just mention a Television channel, like National Geographic?

Robert Philip Cogan answered on Jul 23, 2019

The copyright statute covers the form of expression in the work and not the ideas in it. Factual reference to an item is usually not infringement. However, it is difficult to tell what you mean by "verbally reference." Are you referring to the mention of a painting or are you repeating lyrics... Read more »

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 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 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...
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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, 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 »

1 Answer | Asked in Entertainment / Sports for California on

Q: What should I be aware of re: ownership if I submit an unsolicited screenplay to a studio?

Jason Brooks answered on Dec 6, 2018

I would register your screenplay with the US Copyright office BEFORE submitting it anywhere. The age old "poor man's copyright" (i.e. mailing the creative work to yourself and keeping in a sealed envelope) doesn't really protect you like a valid copyright registration does, nor does it give you... Read more »

1 Answer | Asked in Entertainment / Sports for California on

Q: What is the difference between a litigation and transactional entertainment lawyer?

Jason Brooks answered on Sep 25, 2018

"Litigation" refers to the filing of lawsuits (i.e. courtroom lawyers), whereas "Transactional" refers to general business and legal affairs of a person or entity (i.e. negotiation,drafting and review of contracts; and other deal making).

Often times an entertainment attorney will place an...
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1 Answer | Asked in Entertainment / Sports for California on

Q: If a nonprofit owns a film, but gives a portion of the revenue to the filmmakers, who truly owns it?

Donovan A Rodriques answered on Aug 9, 2018

How does the agreement between the filmmakers and nonprofit treat the issue of ownership of the film? How do you know the nonprofit owns it? Are there any documentation evidencing copyright ownership of the film?

1 Answer | Asked in Entertainment / Sports for California on

Q: Do screenwriters need any sort of professional liability insurance?

John Espinosa answered on May 12, 2018

Yes, a professional liability insurance policy also known as errors and omissions. Can you do business without it? Sure, but then you take the risk.

1 Answer | Asked in Gaming and Entertainment / Sports for California on

Q: I want to know if I can sue a mobile game app.

I believe the game uses deceptive practices to confuse and trick players into purchasing things that seem like a good buy but in reality it almost always a terrible buy. They usually show a box containing like 10 items and they tell you that you have a random chamce at one of the items. But... Read more »

Jason Brooks answered on Apr 3, 2018

The beauty (and more often, the detriment) of our American legal system is that anyone can sue somebody for anything -- the more pertinent question to ask here is: Do I have a *legitimate* lawsuit against this mobile developer for their allegedly unfair/deceptive business practices? To that, the... Read more »

1 Answer | Asked in Entertainment / Sports and Gaming for California on

Q: I own a gaming website that blogs and reviews to promote gaming companies.

My question would be am I allowed to take my own in-game screenshots and use these images on my websites to avoid copyright infringements or violations? I have scoured the internet to find a reasonable and safe way to use images from big game titles. If this is not allowed are there any way... Read more »

Carrie A. Ward answered on Mar 27, 2018

You will need permission from the gaming companies to use images of their game that you are using in a promotional context. Taking screenshots from your own game and then using them for commercial purposes is not advisable.

1 Answer | Asked in Civil Rights, Entertainment / Sports and Small Claims for California on

Q: Paid for something I didn't get! What sure I do?

It was my daughters quinceanera my family was through some bad times my husband had got hurt at worked and he had to be hospitality and was in need to be in a wheelchair for a few months for recovery! So our budget had gotten really small for my daughters quince! Came across a DJ for the party at a... Read more »

Louis George Fazzi answered on Mar 12, 2018

Incomplete information, i.e. you ended before you asked the question or indicated what went wrong.

1 Answer | Asked in Personal Injury, Civil Litigation and Entertainment / Sports for California on

Q: Greetings! I am wondering whether someone can point me in the right direction on which cases to cite in a hypothetical.

When I am synthesizing an office memo in representation of a hypothetical client, is it a plausible approach to cite cases in which the holding was favorable only to a certain extent for the plaintiff? For example, in Noble v. Los Angeles Dodgers, even though the court held that Noble was... Read more »

Peter N. Munsing answered on Mar 5, 2018

We are not a site for homework completion.

1 Answer | Asked in Criminal Law, Entertainment / Sports and Federal Crimes for California on

Q: If I shoot a music video at a college and spraying people with water guns What charges can I face

Dale S. Gribow answered on Feb 23, 2018

Do you have permits?

if you commit any unauthorized touching of another that is a battery...........so shooting someone could be a battery, without any injuries.......hopefully.

1 Answer | Asked in Entertainment / Sports for California on

Q: Am I able to trademark a stage name?

Donovan A Rodriques answered on Dec 20, 2017

In general, yes.

1 Answer | Asked in Copyright, Entertainment / Sports, Internet Law and Trademark for California on

Q: I'm considering developing an app that will use pictures and voice clips of celebrities. Am I in danger of being sued?

I'll be using photos and audio clips from the internet. I don't want to go through the hassle of trying to get permission if I don't have to but I don't want to get sued. The app will be free and make money from ad revenue. I'm worried that using someones likeness makes them able to claim part... Read more »

Robert Philip Cogan answered on Nov 16, 2017

If you choose the correct celebrity you can expect to be sued. California gives celebrities a "right of privacy." The law generally does not allow violation of rights just because the violator not want the "hassle" of obeying the rules.

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