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California Entertainment / Sports Questions & Answers
1 Answer | Asked in Employment Law, Business Law and Entertainment / Sports for California on
Q: Can an entertainment company fire its entire staff and rehire everyone to do their exact jobs as freelancers?

Company is planning on laying off its entire staff (sales, creative development, VFX, post production, accounting, and beyond) and rehiring everyone as freelancers for less pay and without benefits. Is this legal?

James L. Arrasmith
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answered on Jun 24, 2024

Hi! I can offer some general information about this situation:

1. At-will employment: In most states, including California, employment is generally "at-will," meaning employers can terminate employees for any reason that isn't illegal (such as discrimination or retaliation)....
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2 Answers | Asked in Copyright, Entertainment / Sports and Intellectual Property for California on
Q: Can I show the title and author of book in my short film if i don't' use the cover art?

The film is about a pregnant woman and the camera pans to show some of the pregnancy and parenting books she is reading. The books are not mentioned or quoted, only the titles and authors are shown. The plan is to create our own cover art but use the actual titles and authors.

Giselle Ayala Mateus
Giselle Ayala Mateus
answered on Apr 6, 2024

When featuring the title and author of a book in your short film without using the cover art, you need to consider both copyright and trademark law.

1. Copyright Law: Copyright law protects original works of authorship, including literary works such as books. Displaying the title and...
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2 Answers | Asked in Copyright, Entertainment / Sports and Intellectual Property for California on
Q: Can I show the title and author of book in my short film if i don't' use the cover art?

The film is about a pregnant woman and the camera pans to show some of the pregnancy and parenting books she is reading. The books are not mentioned or quoted, only the titles and authors are shown. The plan is to create our own cover art but use the actual titles and authors.

James L. Arrasmith
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answered on Apr 6, 2024

In most cases, simply showing the title and author of a book in a film without using the cover art would be considered fair use and not require permission from the copyright holder. This is because you are not reproducing a substantial portion of the copyrighted work.

However, there are a...
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1 Answer | Asked in Entertainment / Sports, Social Security and Tax Law for California on
Q: I went to the casino & won $2,000 then went again & won $2,000 & $4,000 I’m on SSI do I need to report that to SSI ?
James L. Arrasmith
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answered on Mar 19, 2024

If you're receiving Supplemental Security Income (SSI), it's important to understand that this program has strict rules about reporting income and assets. Winnings from gambling, such as the $2,000 and $4,000 you mentioned, count as income in the month they are received and could be... View More

2 Answers | Asked in Entertainment / Sports and Intellectual Property for California on
Q: My father was a Hall of fame football player some companies are using his image and making your own sports cards do they

DO they need my permission TO use his image and name to make money without my authorization. Do they need my permission YES or NO ?? Thank's very much. George... View More

James L. Arrasmith
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answered on Feb 28, 2024

Under California law, the use of a person's image or name for commercial purposes without permission could infringe on their right of publicity. This right extends to celebrities and public figures, allowing them to control how their persona is used commercially. It's designed to prevent... View More

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1 Answer | Asked in Contracts, Copyright, Entertainment / Sports and Intellectual Property for California on
Q: Can someone explain this to me? I want to ensure the video footage of me is only used for the one project.

Talent/Model Release

For valuable consideration, the receipt and sufficiency of which are hereby acknowledged, I hereby agree as follows: I hereby give and forever grant to ______________, licensees and producers or publishers of its promotional materials and their successors and assigns,... View More

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answered on Jan 21, 2024

Under California law, the language in this talent/model release grants extensive rights to the party you're signing with. By agreeing to these terms, you're permitting them to use, publish, and copyright your image, not only for the specific project named but potentially for broader... View More

1 Answer | Asked in Contracts and Entertainment / Sports for California on
Q: Hello, I have an issue with disneyland. I currently have a pass and my pass penalty state ended on November 27th.

I tired to make a reservation but the system isn't letting me. I called disneyland and now they tell me there system is down and won't be able to book it until 2 week? I asked them if I will get compensation but they said no. What do I do?

James L. Arrasmith
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answered on Nov 29, 2023

Good morning,

Great question. If you are experiencing issues with your Disneyland pass, particularly with making a reservation due to their system being down, your first step is to document the problem. Keep records of your attempts to make a reservation, including dates and times, as well...
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1 Answer | Asked in Copyright, Entertainment / Sports, Identity Theft and Intellectual Property for California on
Q: Is it legal for an artist to use someone else's personal emails and text for their songs?
James L. Arrasmith
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answered on Nov 14, 2024

Using someone else's private communications like emails and texts in songs without permission can lead to serious legal issues. Personal communications are protected by copyright law, and the original writer typically owns the rights to their content. Additionally, publishing private messages... View More

1 Answer | Asked in Entertainment / Sports and Gaming for California on
Q: So I play golf clash and almost every game. An and from raid pops up. They have an X on the ad but it doesn't do anythin

The x is identical to the other ads but it doesn't work

James L. Arrasmith
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answered on Oct 21, 2024

It sounds like you're dealing with a frustrating ad glitch in Golf Clash. When the "X" button doesn't respond, it can often mean the ad is not coded correctly or is experiencing a bug. This issue can sometimes resolve itself if the app is updated or if the ad service running the... View More

1 Answer | Asked in Contracts, Entertainment / Sports and Intellectual Property for California on
Q: Is 50% contingency + exp. normal in a K to enf. the client's IP that is his artistic work?
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answered on Oct 3, 2024

When dealing with the enforcement of your intellectual property, a 50% contingency fee plus expenses can be common, particularly in cases where the outcome is uncertain. This arrangement means that the attorney only gets paid if the case is successful, aligning their incentives with yours. However,... View More

1 Answer | Asked in Copyright, Entertainment / Sports and Intellectual Property for California on
Q: Is it legal to release music about a TV show using the name of the show and characters within it?

For example, could a musician release an original song called "Star Wars is Awesome" that talks about characters within Star Wars using lightsabers, etc. The music is completely original, doesn't use samples, and it doesn't talk poorly about the franchise or characters.

James L. Arrasmith
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answered on Sep 9, 2024

Creating music that directly references a TV show, its title, and its characters can potentially lead to legal issues. The show's name, characters, and other iconic elements are often protected by copyright and trademark laws. Even if your music is entirely original, using these elements... View More

1 Answer | Asked in Civil Litigation, Contracts and Entertainment / Sports for California on
Q: Hi everyone, I recently purchased an sNFT through the platform Opulous, which promised a percentage of music royalties

Hi everyone,

I recently purchased an sNFT through the platform Opulous, which promised a percentage of music royalties from an album by the artist Kyle. Unfortunately, Opulous later canceled the sNFT, claiming it wasn’t profitable, but Kyle still received the money I invested.... View More

James L. Arrasmith
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answered on Aug 26, 2024

You may have potential grounds to pursue legal action, but there are several challenges to consider. Filing a lawsuit in Los Angeles, especially as a non-citizen, could be complex and costly. Jurisdictional issues might arise, and you would need to prove that the court in Los Angeles has the... View More

1 Answer | Asked in Copyright, Entertainment / Sports and Intellectual Property for California on
Q: What happens if you co-wrote a screenplay and intend to sell it, but your co-author goes insane (not a joke) and MIA?

I own a shared piece of intellectual property (screenplay) with a writing partner. My partner had a psychotic break, stopped taking his bi-polar medication, was briefly institutionalized, blocked all communication from me and hasn’t been seen by anyone in weeks. Is the script dead because he’s... View More

James L. Arrasmith
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answered on Aug 3, 2024

Navigating the situation with your co-author can be challenging, especially given their current circumstances. Since you co-wrote the screenplay, both of you generally have equal rights to the work, which complicates matters when one party is unresponsive. It's important to gather all... View More

1 Answer | Asked in Entertainment / Sports for California on
Q: Searching for the proper royalty credits in this case.

Original agreement -music producer who is also a well-known musician, wanted to do a project pro bono with me, ran into some funding and this made it possible to get excellent session players, also very well known, they were all paid for their work as session players, so they are not considered in... View More

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answered on Oct 21, 2023

When collaborating on a musical project, royalty splits are typically governed by the agreement between the parties. In the absence of a written agreement, contributions to the underlying composition (i.e., the songwriting) and the sound recording (i.e., the actual performance and production) are... View More

3 Answers | Asked in Copyright, Entertainment / Sports and Intellectual Property for California on
Q: Can I legally create an app for watching movies and shows together from various streaming platforms?

This app allows you to log in using profiles from various streaming services like Netflix, Max, Disney+, and more. It enables you to watch movies and TV shows with friends and family, not through screen sharing, but together in a shared viewing experience.

The app will store copies of all... View More

Julie C Hancock
Julie C Hancock
answered on Sep 21, 2023

The app storing copies of all available movies and shows on your server is going to be an issue - this amounts to unlawful copying and performing of a copyrighted work without permission. You should consult a copyright attorney to better understand your legal options.

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1 Answer | Asked in Entertainment / Sports and Internet Law for California on
Q: Dear Sir or Madam, My private messages from Facebook were stolen to make entertainment media. What can I sue them for?

I have proof that the entertainment media in question is about me.

I have been victim of emotional distress. Where due to leaking of my private information, I have been divorced, & i have gotten mentally ill.

I was studying Electrical Engineering with minors in Chemistry, I had... View More

James L. Arrasmith
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answered on Sep 10, 2023

Here are the potential legal avenues you might explore:

1. What can I sue them for if my private messages from Facebook were stolen to make entertainment media?

Under California law, you might consider pursuing a case for invasion of privacy, intentional infliction of emotional...
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2 Answers | Asked in Copyright, Entertainment / Sports and Intellectual Property for California on
Q: is it illegal to create an app where users can upload their own mp3 files and play it back, the files are private to the
T. Augustus Claus
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answered on Sep 1, 2023

Creating an app where users can upload and play back their own MP3 files can be legally complex. The legality depends on various factors, including copyright law and privacy considerations. To ensure compliance, it's crucial to address copyright issues by verifying that users have the legal... View More

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1 Answer | Asked in Entertainment / Sports and Gaming for California on
Q: Online marble race with bidding entry and paid power-ups legal?

Presume an online livestream of a digital marble race. There are no stakes for winning besides a score for the player on a small leaderboard visible on-screen at all times. Viewers may enter the race by sending a chat message during the setup for the next race. It's first-come first-serve (up... View More

James L. Arrasmith
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answered on Aug 25, 2023

I am not aware of any specific California law that directly addresses this specific scenario. However, hosting an online marble race with bidding entry and paid power-ups could potentially raise legal and regulatory issues related to gambling, contests, and online gaming. It's advisable to... View More

1 Answer | Asked in Copyright, Entertainment / Sports, Intellectual Property and Internet Law for California on
Q: What type of licence would I need to film a concert and upload the recording on a pay-per-view based platform?

What types of licenses are required to:

1. film a concert

2. subsequently keep it in an archive to be uploaded as a recording

3. recording will be released to public on a platform that offers pay-per-view subscriptions?

also, what are the potential legal issues could... View More

James L. Arrasmith
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answered on Aug 14, 2023

To film a concert, you would likely need a performance agreement or license from the event organizer, allowing you to record the event.

Archiving the recorded concert may require obtaining the performers' consent and potentially negotiating a licensing agreement, especially if you plan...
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1 Answer | Asked in Internet Law, Civil Rights, Constitutional Law and Entertainment / Sports for California on
Q: Can certain subjects be illegal to write about in fictional stories?

I published a book on a story sharing website that focuses on the long term effects of sexual abuse. The main character is a 16 year old girl and her abuser is much older. There are some graphic sexual scenes, but they’re to paint just how horrible her situation is. I understand it’s a... View More

James L. Arrasmith
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answered on Aug 14, 2023

While fictional works often receive protection under the First Amendment, certain subjects, particularly those involving explicit sexual content or minors, can raise legal concerns. If your story contains explicit content involving a minor, it could potentially be subject to laws addressing child... View More

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