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1 Answer | Asked in Gaming for New York on
Q: i have a idea for a new game for sims5
Tim Akpinar
Tim Akpinar answered on Dec 28, 2020

You chose a good category (Gaming) for your post, but it seems like you might be interested in protecting your intellectual property rights with your new idea. There's no guarantee that all questions are picked up, but you might have better chances of meaningful input by reposting and... Read more »

2 Answers | Asked in Copyright and Gaming for Arizona on
Q: Am I able to use music from a game I am making a video review on in that video?

I am unfamiliar with copyright laws so I needed help with several questions regarding copyright and fair use. If I make a video review of a video game, am I allowed to use music from that game in the video for the purpose of review/critique? Is it fair use? If not, how can I contact these companies... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Dec 27, 2020

The default is you should not use any content without permission.

Consult with an attorney for specific guidance on your risks of using any portions of other people's content.

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1 Answer | Asked in Gaming for Oregon on
Q: I am a gamer and use the frozone as a screen name. Should I consider changing my name incase I get popular?

Just wondering if I am free to use this name even if I get popular with a fanbase?

Tim Akpinar
Tim Akpinar answered on Dec 8, 2020

If your concerns are related to running into conflicts with someone else or a commercial entity that uses that name/brand, you could repost in the Trademark section. There's no guarantee that all questions are picked up, but your post remains open for three weeks here and this might be... Read more »

2 Answers | Asked in Copyright, Entertainment / Sports and Gaming for Texas on
Q: I’m looking to become a Twitch Streamer and for my logo I am looking to use Mighty Morphin Power Rangers symbol can I?

For my logo I’d like to incorporate the Mighty Morphin Power Rangers lightning symbol but don’t know if I can because I don’t know if it is copyrighted/ trademarked.

Kathryn Perales
Kathryn Perales answered on Nov 24, 2020

This is an interesting question because SCG Power Rangers LLC abandoned one of its Power Rangers registered trademarks (which includes the lightning symbol) back in 2017. Whether or not you can use a trademark without getting in trouble depends on several factors, which can sometimes be clear cut... Read more »

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1 Answer | Asked in Family Law and Gaming for New York on
Q: I bought an $1800 laptop with my own money that i worked for and my mom is threatening to smash it, Can she do so?

im 16 and obviously i live with her

Tim Akpinar
Tim Akpinar answered on Oct 15, 2020

From a legal standpoint, that would result in a property damage matter. From a practical standpoint, while it's no one's business, parents generally want the best for their children. If the laptop has created tension in terms of interference with school or placed a burden on your budget,... Read more »

1 Answer | Asked in Gaming for Pennsylvania on
Q: I got a citation, I paid fine and plead guilty by mail. Why do I still to go to court?

It was for drinking in a pa state park, and it’s 3 hours away from where I live

John Rafferty
John Rafferty answered on Oct 14, 2020

If you pled guilty via mail, then you likely do not need to still go to court. I would call the court and inquire, but if they have received your guilty plea and payment, you likely will not need to go.

1 Answer | Asked in Copyright and Gaming on
Q: Hello! If the name of something consists of 3 quite specific words, am I allowed to use one of them separately?

The question is about online card game. I am considering making my own, but interested in using one quite specific word from another card game which is one from multiple words in original card game so my thought was that the phrase might be copyrighted as a whole and not each word separately

Timothy John Billick
Timothy John Billick answered on Oct 12, 2020

You are blending copyright and trademark issues here. Trademark law protects phrases, symbols, and "non-traditional" (e.g. smell, auditory) indicators of a source of goods. Copyright law protects tangible "expressions" of creative works.

A word by itself that is not...
Read more »

1 Answer | Asked in Gaming for California on
Q: is it legal to bet on a gambling we another person's behalf providing they have given their permission for you to do so
Maurice Mandel II
Maurice Mandel II answered on Sep 15, 2020

Maybe. Your question lacks a certain clarity.

Justia disclaimers below, incorporated herein.

1 Answer | Asked in Gaming for New York on
Q: Australia has laws that can charge for "using corrupt conduct information for betting purposes." Does the United States?

> Have a similar law?

Tim Akpinar
Tim Akpinar answered on Aug 2, 2020

Your question remains open for two weeks. There's no guarantee all questions are picked up, but you may consider posting your question in other states in an attempt to get a response from gaming attorneys outside New York. While Australia could have uniform set of policies and laws involving... Read more »

1 Answer | Asked in Business Formation, Contracts and Gaming for Florida on
Q: I need legal advice on hiring, starting an LLC, and creating legally binding contracts for a game development studio.

Hello. I am a game developer looking in to publishing my first big indie game. I have about 9 people working for me in the realm of composing music, creating art, and coding the actual game. Once we publish the game we are going to split the profit. We also want to stat a kickstarter.

Now,... Read more »

Ana Maria Del Valle-Aguilera
Ana Maria Del Valle-Aguilera answered on Jul 9, 2020

Forming the legal entity itself is not expensive but there are many other matters to be taken care of, not only the agreements between the parties involved in the development process, but also copyrights and more. There are attorneys that specialize in this type of start up and can easily provide... Read more »

1 Answer | Asked in Consumer Law, Business Law, Entertainment / Sports and Gaming for California on
Q: What's a precedent r/t purchasing in-game items, when $ spent and devs remove items and replace w inferior items?

I purchased an in-game package. After purchasing, developers removed all items purchased and replaced with inferior items, saying original pack was erroneously released. I would not have spent money at all on the inferior items they replaced my purchase with. They have a strict "All sales are... Read more »

Maurice Mandel II
Maurice Mandel II answered on Jul 5, 2020

Sorry your product did not meet your expectations. This is a consumer/contract law question and the supplier failed to provide the product you contracted for. It sounds like you bought this online, so you must have paid with a CC. You should contact your CC company and create a dispute over the... Read more »

1 Answer | Asked in Gaming and Intellectual Property for Pennsylvania on
Q: I am making a video game, and everything in it was made by our team. How would I purchase a copyright to protect it?

This video game contains art, music, code, and scenarios that were made between five different people. We want to put this video game on an online store and sell it to make a profit, but we also want to purchase a copyright to protect it from being pirated/tampered with and reproduced. Everyone in... Read more »

William Scott Goldman
William Scott Goldman answered on Jun 15, 2020

Great question! Copyright registration can be applied for at https://www.copyright.gov/ or any of the copyright lawyers on this site will gladly assist. Based on what you've described, you'll likely need a TX copyright for the source code, VA for the original artistic components, and... Read more »

1 Answer | Asked in Consumer Law, Contracts, Products Liability and Gaming for Florida on
Q: Can I sue a scam app???

If an app advertises winning real money, and they really don’t pay out to anybody, would that be a good reason to sue for false advertising. Especially if someone spent money on in game purchases and got nothing out of it?

Jonathan E. May
Jonathan E. May answered on May 28, 2020

It appears very likely that they were committing fraud and you were damaged by that fraud. I encourage you to sue them and report them to police authorities.

1 Answer | Asked in Contracts, Products Liability and Gaming for Colorado on
Q: I pre-ordered something and was only told by the end of the month that the order was pushed back

nvm disregard

Nelson Patrick Boyle
Nelson Patrick Boyle answered on May 12, 2020

First, I practice in Colorado and not in Texas and I'm not your attorney, so this is intended as general advice and I would suggest you contact a Texas attorney if you determine you need one. However, you posted this in a Colorado forum. So I'm assuming you're in Colorado.... Read more »

1 Answer | Asked in Copyright, Gaming, Intellectual Property and International Law on
Q: This is not a question in itself, just a reply to Mrs./Ms. Barbara Berschler.

This was Mrs./Ms. Berschler's reply to my question on copyright and public domain books from the 19th century and from before that: "Just a thought to add to Mr. Watson's excellent answer to your question, and that is how do you intend to portray the books on the shelves appearing in... Read more »

Barbara Berschler
Barbara Berschler answered on May 7, 2020

Thank you for your follow up to my comment about your game's development. By the way, if you are thinking of using the name of the game as a trademark, you will want to be sure there are no prior takers. If it is just going to act as a title for the game, copyright does not protect titles.... Read more »

2 Answers | Asked in Gaming and Trademark for Texas on
Q: How to inquire about an individual's intent to sell goods/services in order to discover if I might infringe a trademark?

I have been developing a video game for more than a year now. Early on, I did a google and TESS search for any similar products, in the same class, with the same name. Nothing existed at that time, but I neglected to register a trademark for the name.

Searching this time around, there still... Read more »

Evelyn Suero
Evelyn Suero answered on May 1, 2020

Contact the blog owner and inquire if they can put you in contact with the student. Note however that an intent to use is not the same as actual, continuous use in commerce. In the United States, the general rule is that trademark rights are based on priority of use in an actual business or trade.... Read more »

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1 Answer | Asked in Gaming, Copyright, Intellectual Property and Patents (Intellectual Property) for Georgia on
Q: Can I use parts identical to LEGO parts (non-patented/expired) in a commercial virtual reality game?

The parts are sourced from an online community (LDraw.com) that models the LEGO parts in 3D attempting to digitally archive the LEGO parts, so they are as close to the original as possible. I am attempting to create a virtual reality game where these parts can be built in a similar way (but in a... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Apr 27, 2020

It will depend on what parts you are referring to.

If they are the ones out of protection, you could use them. But you need to make sure they do not have other protections, common law or statutory.

You should definitely consult an attorney to be better guided.

Marcos

www.legalbizglobal.com

1 Answer | Asked in Gaming, Consumer Law and Criminal Law for California on
Q: If someone sells a fake cheat program (say, for a video game) to a cheater, could they technically sue for false advert?

I was watching a YouTube video where a programmer created a cheat software, but instead of it helping the player cheat, it actually punishes the cheater instead. (I'll post the link below, if you're curious about watching it. Pretty entertaining if you play PUBG)

Someone in the... Read more »

Dale S. Gribow
Dale S. Gribow answered on Apr 21, 2020

more info needed.

however, anyone can sue for anything at any time.

the issue will be that a lawyer is not going to take a civil case like this on a contingency.

if you can get the police involved then they can investigate and the DA could prosecute.

1 Answer | Asked in Gaming for Wisconsin on
Q: Are there any legal issues with running an online trivia game as a fundraiser?

I am an employee of a tax-exempt Catholic Parish in Wisconsin. I am considering doing a series of trivia nights through an online platform during COVID-19. These would be to raise money for the youth group, the mission club, etc. There would be an entry fee paid by credit card or debit card... Read more »

Jason Brooks
Jason Brooks answered on Apr 8, 2020

There is more to it than this, but generally, there are specific state and federal rules against hosting a lottery (i.e. a game of chance). If you're hosting a game of "chance" (as opposed to one of skill) there must be a "No purchase necessary to Play" option for EVERYONE... Read more »

1 Answer | Asked in Gaming for New York on
Q: Is it legal to play video games with a teacher online? In New York
Tim Akpinar
Tim Akpinar answered on Apr 8, 2020

It's unlikely that any statute would address this. It's more likely to be addressed, if at all, (expressly or impliedly) by individual policies of teaching institutions in their faculty handbooks or student handbooks. Good luck

Tim Akpinar

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