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Florida Entertainment / Sports Questions & Answers
1 Answer | Asked in Personal Injury, Civil Rights, Entertainment / Sports and Municipal Law for Florida on
Q: My son fell out of a tree and was seriously hurt at a park in Lake Worth Fl. Can the park be held accountable?

Broken L4 & L5, broken Rt Hip with surgery, shattered pelvic bone with Pelvic Ring insertion surgery

Charles M.  Baron
Charles M. Baron answered on Aug 6, 2020

So sorry to hear about your son's injuries. The local government that owns the park could be liable depending on all the facts and circumstances. The issue is, what did the park or government staff do WRONG; how is it their fault? If you are asking if they are AUTOMATICALLY liable for any... Read more »

3 Answers | Asked in Business Formation, Business Law, Entertainment / Sports and Trademark for Florida on
Q: Can I trademark an exhibition/docu-series name? I'm in FL & trying to register the name under Sunbiz & USPTO.

Also, if I can register it, would I need to register it as an LLC?

Bill Hulsey
Bill Hulsey answered on May 26, 2020

Yes. And, we can help:

Bill Hulsey

IP & Patent Lawyer

Nuclear Engineer (USN-SS); Member, National Society of Professional Engineers

Regional Economic Developer (M.A.Econ | CEcD*)

HULSEY, PC

A Gold Standard in IP for a Competitive Entrepreneurial...
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1 Answer | Asked in Business Law, Entertainment / Sports, Intellectual Property and Public Benefits for Florida on
Q: Does our local Chamber of Commerce own our communities local "Pageant"?

We have a pageant that has been in our community for over 30 years! Its never been filed as an official entity or organization. It has always been ran by different volunteers within the community. I know for several years our local Chamber sponsored the pageant. Then there was a issue with... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Apr 1, 2020

You definitely need to consult with an attorney.

Anybody can own a pageant and call it anyway they want.

The question is whether it is exclusive, and if what you do, your work, is owned by somebody else.

Check if they ever signed or got a contract from somebody.

Even...
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1 Answer | Asked in Copyright and Entertainment / Sports for Florida on
Q: can I use the name Ben Hur for a non profit "Art" organisation, for example "Ben Hur Culture Club"?

To represent works of filmmaker and art creators

Marcos Garciaacosta
Marcos Garciaacosta answered on Apr 1, 2020

Better not.

check if somebody, movie company, has any rights to it.

they may decide not to do anything, as in fanclub scenarios, but that does not mean they do not own the rights

www.legalbizglobal.com

1 Answer | Asked in Entertainment / Sports and Land Use & Zoning for Florida on
Q: Is it legal for me to ride my dirtbike in my neighborhood?

I have a 125cc dirtbike that cannot go really fast. I live in a pretty laxed equestrian neighborhood. The roads are gravel with no line markings or anything, but isn't rural. I am very confused on the laws in my neighborhood. There is no sign that specifically targets golf carts, but a street... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Feb 7, 2020

The statute doesn't apply; your bike is not an ATV (which would not be "street-legal" but nevertheless can be operated under the enumerated conditions).

For the local laws you would have to ask somebody in your locality..

1 Answer | Asked in Business Formation, Business Law, Entertainment / Sports and Gaming for Florida on
Q: Good Morning, What type of required licenses are required for starting an online business that may come under gambling?

I am orginally from the UK and had this business idea for over two years now I see alot of people online doing this method illegally (well in the UK you need a license to do this). I want to start a business to host these methods legally the business may come under gambling as it would be a hosting... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 30, 2019

Free practical advice offered for the last 41 years to people starting or operating small businesses: Look out.

The main difference between successful small businesses and those that fail within a relatively short period of time is good legal advice. The owners of most successful small...
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1 Answer | Asked in Copyright, Entertainment / Sports and Intellectual Property for Florida on
Q: I would like to do a skit that makes fun of some Star Wars tropes. How does that work now that Disney owns it?

Does is fall under satire or parody?

Griffin Klema
Griffin Klema answered on Jan 24, 2019

It depends on just how much of your skit would be considered parody. Parody may be considered fair use under U.S. law (17 USC 107), but whether a particular performance/video/etc. actually provides a fair use defense depends on the specific facts, and then how those facts compare to the factors... Read more »

2 Answers | Asked in Entertainment / Sports for Florida on
Q: What are my son's agent's legal obligations to him once we've signed? (He's an actor.)
Terrence H Thorgaard
Terrence H Thorgaard answered on Dec 14, 2018

It generally depends upon the terms of the agent's contract.

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1 Answer | Asked in Entertainment / Sports for Florida on
Q: Can minor league baseball players unionize?
Terrence H Thorgaard
Terrence H Thorgaard answered on Jul 20, 2018

Certainly.

1 Answer | Asked in Entertainment / Sports for Florida on
Q: If you want to create an internet tv show how do you protect your intellectual property before posting your content?
John Espinosa
John Espinosa answered on May 12, 2018

Register it with the copyright office: https://copyright.gov/registration/

2 Answers | Asked in Contracts, Immigration Law and Entertainment / Sports for Florida on
Q: I'm a songwriter from the Netherlands that recently signed a music publishing contract with an American company.

Does that mean I can apply for a immigration visa?

Kevin D. Slattery Esq.
Kevin D. Slattery Esq. answered on Apr 19, 2018

Depending on the level of your recognition in your field (music), you may qualify for, among other possibilities, an O-1 visa. You should schedule a consultation with a competent immigration attorney who can evaluate your credentials to see what immigration options may exist for you. For some... Read more »

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2 Answers | Asked in Entertainment / Sports for Florida on
Q: Is a satire I've created based on another work considered fair use? Can I sell it?
Ivan Jose Parron Esq.
Ivan Jose Parron Esq. answered on Mar 21, 2018

"Fair Use" is not an affirmative right, it is only a defense. In other words, you would have to be sued first and use the "Fair Use" arguments as a defense. You should consult with an experienced entertainment lawyer before taking any action or inaction.

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1 Answer | Asked in Entertainment / Sports for Florida on
Q: I'm writing a script from an idea given to me by a friend - how is the work treated from an ownership standpoint?
Donovan A Rodriques
Donovan A Rodriques answered on Feb 9, 2018

Depending on how well-developed the idea is and how much is used, you are the sole owner of the copyright in the script. You may give your friend "story by" credit. You should contact a qualified entertainment attorney to review all the facts.

1 Answer | Asked in Copyright, Civil Litigation and Entertainment / Sports for Florida on
Q: What if someone uses video of you in a TV commercial without your permission?

I was in a program 14 years ago (18 years old) that helped young people with interview skills and making a resume. Recently I have seen a commercial on tv with me in it. I did not agree to this and I do not want to be in this commercial. I contacted the agency and they emailed me the commercial to... Read more »

Andy Wayne Williamson
Andy Wayne Williamson answered on Dec 8, 2017

When you participated in the program 14 years ago and video was taken it is possible that you signed paperwork that gave them the right to use the video footage however they see fit. I am guessing that you would not have any of the paperwork that you may have signed from then.

You may want...
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1 Answer | Asked in Entertainment / Sports for Florida on
Q: How do trademarks and copyright differ?
Ayesha Chidolue
Ayesha Chidolue answered on Oct 24, 2017

Well a trademark protects items that help identify a brand such as the name, logo or slogan of the brand. Copyright on the other hand protects literary and artistic works, such as books, artwork and videos etc. For both of these you can’t protect an idea that’s only in your head but there are... Read more »

1 Answer | Asked in Entertainment / Sports for Florida on
Q: I'm an actor - what are the reasons for having both an agent and an entertainment law attorney?
Terrence H Thorgaard
Terrence H Thorgaard answered on Oct 3, 2017

Same reason that any business might have salespersons, as well as an attorney to draft sales contracts, and litigate alleged breaches of such contracts.

1 Answer | Asked in Real Estate Law, Civil Rights and Entertainment / Sports for Florida on
Q: I live in a gated community. We need help with a conflict with the hoa. We believe we are being denied rights.

There is a rental policy for the clubhouse. For 2 years we rented and hosted house concerts. Private event. Hoa does not like inviting outsiders. Changing rules to specifically exclude us.

Jennifer Isaksen
Jennifer Isaksen answered on Jun 30, 2017

You will need to review the HOA Declarations to determine the policy in place. If they changed the policy after you purchased your property, you will want to review the provisions regarding amendments. There is usually a notice and meeting requirement to call a vote of the homeowners to approve... Read more »

1 Answer | Asked in Entertainment / Sports for Florida on
Q: Are the theme parks in Florida unionized in any way?
Terrence H Thorgaard
Terrence H Thorgaard answered on Jun 17, 2017

You would have to look into each specific park to see.

1 Answer | Asked in Entertainment / Sports for Florida on
Q: What should I be aware of if I submit an unsolicited screenplay to a studio in terms of ownership, etc.?
Donovan A Rodriques
Donovan A Rodriques answered on May 26, 2017

You should be aware that most studios will not read unsolicited scripts, for fear of copyright infringement litigation. You should contact an entertainment attorney or talent agent who can pitch your script on your behalf. Of course, you should ensure that your script is registered with the US... Read more »

1 Answer | Asked in Consumer Law, Business Law and Entertainment / Sports for Florida on
Q: Hi, what are the requirements for adding a recurring charge to a customer's account? (For instance billed at later date)

We run a subscription based service where we would like users to be automatically billed X months after signing up. We would like to know what consent we would require from the buyer before charging them (for example, terms of service etc). Thank you!

Andy Wayne Williamson
Andy Wayne Williamson answered on May 4, 2017

The best thing that you need to do is consult with a business law attorney and have him or her draft you an agreement. Your question is detailed, or rather requires a detailed answer. I don't think that a lawyer is going to give you detailed advice on how to draft a contract via a service... Read more »

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