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California Entertainment / Sports Questions & Answers
2 Answers | Asked in Entertainment / Sports for California on
Q: Who owns the raw film footage for a documentary? We raised funds on Kickstarter but under the name of guy who got paid.

My two colleagues and I hired a codirector/editor to document our story. He fulfilled his obligation but I don't like the final product. I want to take in a different direction but he won't give me the raw footage to work with. We used Kickstarter to raise money to pay him but he set it... View More

Ivan  Parron
Ivan Parron
answered on Mar 15, 2017

Unfortunately it does not sound like you have a very good claim. The person who films or records anything is by default the copyright owner absent a written work for hire agreement. That is precisely why the co director/editor refused to sign a contract, so that he owns the result. You may have... View More

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1 Answer | Asked in Entertainment / Sports and Intellectual Property for California on
Q: Can I still release a comedy film if another production released a project with the same name?

I wrote a comedy script years ago and registered it through the Writers Guild of America. It took some time to raise funds to shoot the pilot and by the time we did, another production put their concept with the same title online before we could. Did I lose out on using the title? I have a finished... View More

Donovan A Rodriques
Donovan A Rodriques
answered on Mar 5, 2017

You can use the title, provided that there are no prohibitions under unfair competition and trademark law, and both you and the owner of the other title are not members of the Motion Picture Association of America.

1 Answer | Asked in Entertainment / Sports and Intellectual Property for California on
Q: Script release form question. I'm wanting to know if this is stating that the prodco can take my material w/out paying.

It seems the first sentence states they can use my material w/out compensation & that I waive any rights to it. Is this true? This is what it says.

"I am submitting material to you herewith. I hereby irrevocably waive, release and relinquish any and all claims which I or any... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Feb 17, 2017

That sounds like a terrible contract for a writer to sign as it gives away all rights to a script for any price set by the buyer. Why would you sign that? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney.... View More

1 Answer | Asked in Contracts, Entertainment / Sports and Intellectual Property for California on
Q: I wrote and sold a screenplay but have not been paid. Is the ownership of the screenplay still mine if they fail to pay?

I signed the contracts which gave them full film ownership but reserved stageplay-production rights. Contractually, I was to immediately receive a payment of 50% (a low amount but my first sale). Two weeks later and I haven't received any payment or even a return call. Am I able to cancel the... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Jan 17, 2017

It depends on the terms of the contract re: payment. If payment is never made, then arguably the contract is never effectuated or at least is breached, as payment is either a material contractual term or a necessary precondition that needs to be fulfilled prior to effectuation of the contract. Have... View More

1 Answer | Asked in Contracts, Employment Law and Entertainment / Sports for California on
Q: Is it possible for fans to help a music artist buy their way out of their contract?

Fans of the girl group Fifth Harmony have recently realized that their record label and management team are treating them horribly. However, we do not know the exact stipulations of the contract they signed. If fans wanted to help the group members buy their way out of the contract, would it be... View More

Ivan  Parron
Ivan Parron
answered on Dec 20, 2016

You need to consult with an experienced entertainment attorney who can give you good advice. Do a search on Justia

Q: Am I allowed to use the word kardashian in my domain. Like perezhilton does mine will something like kylekardashian.com?

The way that perezhilton.com wanted his name to sound similar to paris hilton, would I be able to use the same idea for the kardashian name? If I do not claim to have any affiliation with the family and is just a celebrity blog?

Peter N. Munsing
Peter N. Munsing
answered on Aug 18, 2016

You need to consult an attortney who handles trademarks and the like. It may be you can if the site has a disclaimer.

1 Answer | Asked in Entertainment / Sports, Estate Planning and Intellectual Property for California on
Q: Re: Intellectual Property My son, who has passed away, was a song writer and has work registered with A.S.C.A.P.

A.S.C.A.P. is a royalties collection and distrabution company who's membership agreement states that if membership is not in good standing for a certain amount of time that ownership of the works registered in A.S.C.A.P.'s Repitoir becomes A.S.C.A.P.'s property and the member... View More

Richard Samuel Price
Richard Samuel Price
answered on Jun 16, 2016

I'm sorry to hear of your loss. If your son passed without a will, then his estate became the owner of the intellectual property. There may be a probate action that is required to administer his estate, keep the royalties coming in, pay any bills, and then distribute the assets to his heirs.... View More

Q: I was a student and then I dropped my classes and went home overseas.I still owe my college money.Can I get the us visa?

My semester pay plan was split into four. I made the first payment, studied for a month and then dropped the classes and went back to my home country. Since I didn't complete the whole semester and owe some money will that be an obstacle to get the us tourist visa? If it will be a problem... View More

Shan Dimitris Potts
Shan Dimitris Potts
answered on Jan 5, 2016

First step would be to talk to an attorney and have the attorney talk to the college you studied to find out if they have any complaints against you and act accordingly. So talk to an attorney soon, All the best.

15 years of successful immigration law experience. The answer above is only...
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1 Answer | Asked in Entertainment / Sports and Intellectual Property for California on
Q: is playing copyrighted songs on a birthday,wedding or church gathering legal? thank you
Robert Jason De Groot
Robert Jason De Groot
answered on Sep 9, 2015

Probably, but it depends upon the size of the crowd, I believe. This is done all the time, and rarely is there a copyright infringement suit filed.

1 Answer | Asked in Entertainment / Sports and Intellectual Property for California on
Q: is playing copyrighted songs within a group or friends legal? like weddings,birthday,church or private gathering,b-day?
Robert Jason De Groot
Robert Jason De Groot
answered on Sep 9, 2015

It depends upon the size of the gathering. In a group of friends, probably.

1 Answer | Asked in Entertainment / Sports and Intellectual Property for California on
Q: is it legal to play a copyrighted music on a public ?
Andy Chen
Andy Chen
answered on Aug 30, 2015

Generally not. Unless you have the permission of the holder(s) of the copyright or copyrights, you can't play that music in a public place. There are some exceptions for things like playing the radio in a public place.

Andy

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