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California Entertainment / Sports Questions & Answers
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: 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

James L. Arrasmith
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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

James L. Arrasmith
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answered on Sep 21, 2023

Creating an app that stores and streams copyrighted content from various platforms without proper authorization may infringe on copyright and licensing agreements, potentially leading to legal issues. It is essential to consult with legal counsel and obtain necessary permissions or licenses from... View More

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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
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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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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

Robert P. Cogan
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answered on Oct 19, 2023

It would be wise to tread carefully. Many actions that raise issues of potential copyright infringement risk raising the ire of individual companies. With regard to movies or other forms of entertainment, the stakes are higher. There is not only the risk of getting sued by an individual company,... View More

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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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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
James L. Arrasmith
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answered on Sep 2, 2023

Creating an app where users can upload their own MP3 files for personal playback is generally not illegal if the files are indeed private and not shared with others. However, you could run into legal issues if your app facilitates the sharing of copyrighted material without proper authorization.... View More

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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

1 Answer | Asked in Entertainment / Sports and Business Law for California on
Q: I have a graphics company and have teamed with a certifed NIL agent and want to produce sports trading cards what legal?

Since NIL is fairly new what are the boundries of using photos, guarding the players Name Image and Likeness. The Sports Cards are custom made and packaged for the athlete. This a specialty business on a new platform. Each card is customized for the platform

James L. Arrasmith
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answered on Jun 20, 2023

When producing sports trading cards that feature athletes' Name, Image, and Likeness (NIL), it's important to obtain proper consent from the athletes and ensure compliance with licensing agreements and copyright laws. Stay updated on NIL regulations specific to your jurisdiction and... View More

1 Answer | Asked in Business Law, Collections and Entertainment / Sports for California on
Q: Hi. An Indian citizen here. I wanted to inquire about how to proceed with a pending invoice still not paid by agency.

The entertainment agency is based in California but I'm from India. It's been over 3 months yet the invoice hasn't been paid. As a freelancer I'm not able to afford a lawyer yet. Kindly advice on what to do.

James L. Arrasmith
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answered on May 31, 2023

In your situation, where you are based in India and the entertainment agency is located in California, there are a few steps you can consider taking. First, initiate direct communication with the agency, preferably in writing, to remind them of the outstanding invoice and politely request payment.... View More

2 Answers | Asked in Contracts, Employment Law and Entertainment / Sports for California on
Q: If a person signs a contract isn't it there legal right to have a copy of it?

A porn actress signed a long term contract for a specific amount of money yrly. That amount hasn't been paid. She's asked for a copy of her contract. The production company refuses to provide it. What has to be done to force the company to produce the contract?

Maurice Mandel II
Maurice Mandel II
answered on May 21, 2023

Your question crosses several areas of law- Contract, employment and entertainment law, so the answer is not so easy or quick. Basically the answer is "YES" the entertainer is entitled to a copy of the contract and any other documents they filed, this would be part of an employment file... View More

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1 Answer | Asked in Entertainment / Sports and Gaming for California on
Q: Could i sue Mobile Strike if they banned me without explanation of what terms i broken and i spent $20k on their game.
James L. Arrasmith
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answered on Apr 25, 2023

It may be possible to pursue legal action against Mobile Strike if they banned you without explanation of what terms you broke and you spent $20k on their game. However, the success of such a lawsuit would depend on several factors, including the terms of service that you agreed to when signing up... View More

Q: I am an artist, can I recreate royalty free pictures of professional sports teams via sketch art and sell them on Etsy?

I am considering creating a series of sketch art based on professional sports teams, e.g. Baseball, Football, Basketball, Hockey, Soccer etc... Just want to make sure I won't be sued if I create these using royalty free images and sell them online on digital market places like Etsy or Amazon.

N'kia (NLN)
N'kia (NLN)
answered on Apr 1, 2023

The terms of the copyright "license" will dictate how royalty free content can be used. Using content in a way that the license doesn't authorize it to be used will run afoul of the law.

Sports teams are notorious for going hard in the paint to prevent others from misusing...
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Q: I am an artist, can I recreate royalty free pictures of professional sports teams via sketch art and sell them on Etsy?

I am considering creating a series of sketch art based on professional sports teams, e.g. Baseball, Football, Basketball, Hockey, Soccer etc... Just want to make sure I won't be sued if I create these using royalty free images and sell them online on digital market places like Etsy or Amazon.

James L. Arrasmith
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answered on Apr 1, 2023

As an artist, it is important to be aware of copyright laws and to make sure that any images you use are either in the public domain or available under a license that allows for commercial use.

While some images of professional sports teams may be considered "royalty-free," this...
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2 Answers | Asked in Contracts, Employment Discrimination and Entertainment / Sports for California on
Q: I was used in a SAG commercial without contract or knowledge. Huge company ran it worldwide for years. Legal theories?

Answered, thank you!

James L. Arrasmith
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answered on Mar 22, 2023

If you were used in a SAG commercial without a contract or knowledge, you may have legal claims against the company for unauthorized use of your image and likeness, which can violate your right of publicity. You may also have claims for breach of contract, as the commercial was produced without a... View More

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2 Answers | Asked in Contracts, Employment Discrimination and Entertainment / Sports for California on
Q: I was used in a SAG commercial without contract or knowledge. Huge company ran it worldwide for years. Legal theories?

Answered, thank you!

Brad S Kane
Brad S Kane
answered on Mar 22, 2023

Unfortunately, the statute of limitations for unauthorized use for commercial purposes or the common law tort of invasion of privacy is 2 years from the date of the first publication. Thus, it is likely those claims are time barred.

Assuming you are a SAG member and it is a SAG contract,...
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1 Answer | Asked in Copyright, Entertainment / Sports and Intellectual Property for California on
Q: Can I sell products that incorporate names/quotes from a television series?

I operate a Facebook group based on a popular television show, and it has grown to over 100,000 members. We are considering monetizing the group to sell apparel, accessories, etc. with quotes and graphics from the show. What is considered copyrighted material, and therefore not able to monetize,... View More

James L. Arrasmith
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answered on Mar 1, 2023

If you are considering monetizing products based on a popular television show, you should be aware that many elements of the show, including quotes, characters, and names, may be protected by copyright law. The copyright owner of the show has the exclusive right to reproduce, distribute, and... View More

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