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California Entertainment / Sports Questions & Answers
3 Answers | Asked in Contracts, Civil Litigation, Entertainment / Sports and Small Claims for California on
Q: I just need an attorney to respond for me and review a case in which I was never served. How much should this cost?

It’s frustrating looking for a civil attorney in Riverside County everyone I called wants $25-$50,000 just to respond to a letter is this common? I only discovered that I was served because of my credit search that was the only way I found out.

Gerald Barry Dorfman
Gerald Barry Dorfman
answered on Feb 11, 2025

Your problem is not limited to a letter: even if the other side agrees to vacate the Judgment, you will still have to deal with the underlying lawsuit. The lawyers don't want $25-$50K to respond to a letter, except in the sense that "respond" involves representing you in a civil... View More

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3 Answers | Asked in Trademark, Entertainment / Sports and Intellectual Property for California on
Q: How can I claim the right to use a similar band name that was previously trademarked?

The name we had intended to use populates under USPTO search but is marked as dead and expired, and is not currently in the process of being renewed . Their usage is the singular case of the word while our usage is plural (we add an "s" to the end of the word). They aren't actively... View More

Felicia Altman
Felicia Altman
answered on Dec 16, 2024

In order to claim rights to a prior trademark you must file a trademark application with the USPTO. If the mark is abandoned and it cannot be renewed or revived then you can file a trademark application for the same or similar mark in the same class of services. I recommend using a Trademark... View More

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3 Answers | Asked in Trademark, Entertainment / Sports and Intellectual Property for California on
Q: How can I claim the right to use a similar band name that was previously trademarked?

The name we had intended to use populates under USPTO search but is marked as dead and expired, and is not currently in the process of being renewed . Their usage is the singular case of the word while our usage is plural (we add an "s" to the end of the word). They aren't actively... View More

Sean Goodwin
Sean Goodwin
answered on Dec 15, 2024

File a trademark application with the USPTO.

Please note: the fees are non-refundable. I highly recommend using a competent trademark attorney to run a clearance search first to ensure that the mark you want to use is actually available. For example, there is a way for recently abandoned...
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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

James L. Arrasmith
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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 Entertainment / Sports for California on
Q: Does featured content count as new advertisement?

My daughter's Term contract for an ad was finished on 1/30/25 (the last date of allowable usage unless renewed). The company stated that they're not renewing for the last Term, but we still see her featured on the company's website in one country but not others. The contract states... View More

James L. Arrasmith
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answered on Feb 3, 2025

It sounds like you're dealing with a tricky situation where a company is continuing to feature your daughter's image beyond the contract's expiration. Even though the contract states that previously posted content can remain, the fact that it's still being actively promoted in a... View More

1 Answer | Asked in Contracts and Entertainment / Sports for California on
Q: My nonprofit contractually co-owns a documentary with another Co. They are refusing access to the footage. Can they?

Hi, our nonprofit collaborated with a production company to make a film. The contract is clear that we co-own the work. The production company is refusing to allow us to access or possess a copy of the raw footage. Can we demand access and possession? The contract says the film can only be used for... View More

James L. Arrasmith
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answered on Jan 20, 2025

As a co-owner of the documentary, you have legal rights to access and possess the raw footage. The production company's refusal to share materials you jointly own could be considered a breach of your contractual agreement, especially since the contract explicitly states co-ownership.... View More

1 Answer | Asked in Copyright and Entertainment / Sports for California on
Q: Can the words “Grand Theft” be used in the name of a business without any legal copyright/trademark risks?

Could the business also have a general car theme without any legal risks?

James L. Arrasmith
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answered on Jan 15, 2025

While "Grand Theft" isn't exclusively owned by any company, using those words together could raise concerns due to their strong association with the popular video game franchise "Grand Theft Auto." Take-Two Interactive owns trademarks related to this phrase in the gaming... View More

2 Answers | Asked in Entertainment / Sports for California on
Q: sports betting

i am from california, my friend is from kentucky

fanduel is a sportsbook illegal in california but legal in kentucky

is it legal if i paypal money to my friend and he places a fanduel bet on HIS account and if he wins he sends me the winnings?

Robert Kane
Robert Kane
answered on Jan 1, 2025

It is unlikely an attorney will advise you on how to circumvent California laws on a public forum, but there's JA'a AI generated responses, perhaps.

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1 Answer | Asked in Cannabis & Marijuana Law and Entertainment / Sports for California on
Q: RE: POS of SUBP-010 page 2. Why rule 8.25 not applicable? Which specific rule defines?

Why the filled-out Proof of Service, specifically page 2 of Subp-010, is not served on the witness or deponent of records?

Why rule 8.25 not applicable?

Which specific rule defines?

James L. Arrasmith
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answered on Dec 5, 2024

The Proof of Service (form SUBP-010, page 2) is not served on the witness/deponent because it documents the service that has already taken place - serving them with the actual subpoena on page 1. It would be illogical to serve someone with proof that you served them.

California Rule of...
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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?
James L. Arrasmith
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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

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