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Gaming Questions & Answers

Q: I wanna write a book/make a game about a non-english song. Do I need to get copyright permissions or can I just credit?

1 Answer | Asked in Copyright, Gaming, Intellectual Property and Trademark for California on
Answered on Jul 17, 2017

A true answer would require review of the original material and a more precise description of exactly what you are doing. You would have to consult an attorney.

Here are a couple of observations. Crediting the original creators means that you are not a plagiarist. However, the credit could be viewed as a statement that you have copied the work.

Copyrights generally cover translations of the original.

Copyrights generally cover the lyrics separately as well as in the...
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Q: Hi, I was wondering if you are able to file patents for video game ideas that are built on a 3rd party platforms.

1 Answer | Asked in Gaming, Intellectual Property and Patents on
Answered on Jul 10, 2017

The short answer is: yes, it's possible. Almost all patents are based on improving technology originally developed by someone else.

A patent can be filed on any new and useful process or improvement to a process. Playing Minecraft is a process (believe me, I know). You probably wouldn't file for a patent on actually playing the game, because enforcing that patent would mean suing potential customers. But looking at the situation in reverse, a computer performs certain processes to...
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Q: I am a programmer and this is a very specific question about NINTENDO .

1 Answer | Asked in Copyright, Gaming and Internet Law on
Answered on Jun 27, 2017

If you use the name "Pokemon" or something substantially similar, you may be opening yourself up to liability for trademark infringement.

If you're going to enable others to create Pokemon games and others will be using Pokemon Company International, Inc.'s copyrighted materials, you are arguably committing a criminal act under 17 USC Section 1201.

To limit your potential legal liability, reach out to 2-3 attorneys experienced in federal copyright and trademark law before...
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Q: Hi, About Casino table game Patent number: D748736. How much would similar casino table game patent cost?

1 Answer | Asked in Copyright, Gaming, Intellectual Property and Patents for Nevada on
Answered on Jun 20, 2017

Design patents applications preparation and filing run in the neighborhood of $1500 to $2000. Additionally, there is the cost of prosecution.

Good luck!
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Q: What kind of tax consequences a China's company will have when open website see virtual service for US consumers?

1 Answer | Asked in Consumer Law, Tax Law, Gaming and International Law on
Answered on Jun 9, 2017

This is an excellent question for you to ask, as there may be US tax consequences as a result of this activity. However, there are a great many factors to be considered before someone here can answer even your basic questions, such as whether you have to report this income to the US government. Most likely you will have to report this income through US income tax return filings. I strongly suggest seeking professional assistance from a tax attorney or CPA who specializes in tax compliance for...
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Q: Is it legal for a game developer to add hidden fees to a game and not warn the players?

1 Answer | Asked in Gaming and Consumer Law for Illinois on
Answered on May 8, 2017

Your question is hard to understand.

You need to be more specific.
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Q: Couple questions about famous people likenesses and names can or can't be used in a video game.

1 Answer | Asked in Copyright and Gaming for North Carolina on
Answered on May 5, 2017

1. Is it legal to use cartoon likenesses of famous/living American politicians or Hollywood actors in a video game? (artwork is original, my own)

It's certainly legal to do this *with the permission* of the person, or the permission of whoever may own the rights to their image and likeness. Without their permission, it may depend on how transformative your depiction of them is, that is, how much differently are they being portrayed from their real life counterpart. Are you parodying...
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Q: Are the quarter pusher machines like you see in convenience stores legal in the state of Colorado?

1 Answer | Asked in Gaming for Colorado on
Answered on Apr 13, 2017

While Colorado has exceptions for "social gaming" and "charity gaming" (see a lawyer and/or the CO Dept. of Revenue for all the details), all other forms of gambling require a license and/or are restricted to specific locations/situations. In other words, coin pushers are not generally legal in Colorado unless a license is granted (which generally does not occur for most convenience stores). Note, the presence of a pusher in a store does not necessarily mean that they are legal.
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Q: Is giving people wrong forecast for money without a contract legal?

1 Answer | Asked in Banking, Entertainment / Sports, Gaming and Internet Law on
Answered on Mar 31, 2017

That deal is likely to be considered a wager or bet (gambling), which in most U.S. states is illegal, and illegal contracts cannot be enforced. Contracts can be formed by an exchange of messages, calls or emails, without a written agreement, if they meet the other elements of a valid contract (price, promised performance, etc.).
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Q: Can I include images of video games in my monetized blog?

1 Answer | Asked in Entertainment / Sports, Gaming, Intellectual Property and Internet Law for California on
Answered on Mar 30, 2017

This may qualify as an exception if you're writing comments and critiques about the games, and if you're providing attribution to the copyright holder. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law:...
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Q: I was injured at an Indian Casino in Northern CA. It was a slip and fall having head injury-concussion. Advise.

1 Answer | Asked in Personal Injury and Gaming for California on
Answered on Mar 29, 2017

Contact a member of the CAOC in the County where it happened. They give free consultations and can best address the peculiarities of the situation.
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Q: I'm looking into starting an app for sports betting. What is the current legality and what are some loopholes?

1 Answer | Asked in Criminal Law, Federal Crimes, Gaming and White Collar Crime for New Mexico on
Answered on Mar 25, 2017

There is no short or quick answer on this one. There are a number of gambling laws out there with both the state and federal government. It would not be advisable to go forward until you sit down with an attorney who understands gaming and what the federal/state government would frown upon.
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Q: If accepted Terms of Service say that the user's digital content might be revoked and the money withheld, is it illegal?

1 Answer | Asked in Consumer Law, Gaming and Internet Law for California on
Answered on Mar 22, 2017

It depends on the agreement in the Terms of Service re: this particular issue. If reselling is a violation of the TOS and the remedy is agreed as you note, then there may not be a problem, but it seems some evidence of the violation is required here. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/...
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Q: Is it illegal to sell a data cd that has the web links to websites that offer free downloads of game roms and emulators

1 Answer | Asked in Internet Law and Gaming for California on
Answered on Mar 12, 2017

If all you're offering is a set of website links, I see no problem here; but you may want to use a release and waiver to try to avoid liability for any damages or legal violations. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC...
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Q: I won a jackpot at a casino playing poker, i was not 21 at the time can i claim it once i turn 21, or can i claim it no

1 Answer | Asked in Gaming for California on
Answered on Feb 5, 2017

If you were playing illegally at the casino because you were underage, I see no basis to claim the winnings. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense,...
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Q: If i get a fake (non-working) credit card online , and when i go to buy something, it works...what will happen? imnot18

2 Answers | Asked in Banking, Criminal Law, Identity Theft and Gaming for Maryland on
Answered on Feb 4, 2017

If you are intentionally using a credit card that you know does not work or is not actually your account and you use it to try and purchase something - then you are potentially committing theft. You risk being charged with a crime.
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Q: Can I sue a online gaming company for about 1250 ive spent in a decade and a half on it, lost it b/c i get perma ban'd.

1 Answer | Asked in Gaming for California on
Answered on Jan 2, 2017

For an attorney to answer this question, he/she should start with reading the company's Terms of Use that you accepted when playing on their site, along with a review of all the facts and communications in your situation. The best first step is an Initial Consultation with an Attorney. You can read more about me on my law practice website. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.
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Q: Are there any federal or state laws governing internet video games, i.e. BattlePirates by KixEye.

1 Answer | Asked in Gaming and Internet Law for Massachusetts on
Answered on Dec 12, 2016

It's much the same as a store having the right to refuse service to someone. You paid to play, and you enjoyed it whilst you did. Now they're banning you for alleged cheating. When you sign up to play, you accept their Terms of Use. Check their rules. If indeed they've broken their own rules, then perhaps you have an actionable claim for breach of contract; but that's very fact-dependent. The best first step is an Initial Consultation with an Attorney. You can read more about me on my law...

Q: Can I sue an illegal gaming place for my loses

1 Answer | Asked in Gaming for Colorado on
Answered on Nov 13, 2016

Contact a local attorney.
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Q: I'm making a baseball themed card game.

2 Answers | Asked in Copyright, Products Liability and Gaming for Utah on
Answered on Nov 12, 2016

You are copying a card so normally that would be fine; however I'm not a copywrite /image specialist and you should contact one of them for a definitive answer.
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