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1 Answer | Asked in Entertainment / Sports and Gaming for California on
Q: I got an offer to play a game for money if I reached the goal in 21 days. They have paid me before for other game offers

This time it’s the run around for like 3-4 weeks they said it would be resolved in 10 days. Now they have stop replying to my emails. I was really depending on that money, now it’s costing me money I don’t have.

Louis George Fazzi
Louis George Fazzi
answered on Feb 5, 2023

You can contact the Labor Commissioner's office by going to their website (https://www.dir.ca.gov/dlse/). Once you get to the main page, click the link for labor law and then click the link for Wages, where you will find out how to file your wage claim. If they can help with your situation,... Read more »

1 Answer | Asked in Contracts, Gaming, Small Claims and Tax Law for Colorado on
Q: My senior class organized a game where everyone buys in and receives a cash prize. Is this legal?

My senior class organized a game where everyone bought into the game and the winner receives a cash prize. It is organized by students, not affiliated with the school. Every player signed an agreement that they accepted the rules. Students are being kicked out of the game, despite not violating any... Read more »

D. Mathew Blackburn
D. Mathew Blackburn
answered on Feb 3, 2023

Contact the Colorado Attorney General to file a consumer protection complaint.

https://coag.gov/office-sections/consumer-protection/

This may also be considered theft and/or fraud. Filing a police report may be appropriate.

You would also have a civil action for breach of...
Read more »

1 Answer | Asked in Gaming and Internet Law for California on
Q: Can I sue a internet company not keeping up to a writtten deal about paying me money for playing a video game?

This company said if I get to level mansion 21 in 21 days they will pay me $34.60 and they didn’t then they said email us screenshots of level 21 mansion and it will be resolved in 10 days and it’s been 14-15 and I emailed them with it again and they said to do something else now to resolve I... Read more »

John Michael Frick
John Michael Frick
answered on Jan 30, 2023

Yes, you can. But be aware that your anticipated litigation cost will be several thousand dollars. You have to ask yourself if that is worth it for $34.60.

1 Answer | Asked in Entertainment / Sports, Gaming, Trademark and Intellectual Property on
Q: I want to release a video game called "Trauma Team". Is there a trademark for this name? Is it available now?

When I checked whether there was a trademark of this name, I came across the game company named "Atlus" released in 2009 with the same name. However, when I researched a little more, I saw that this trademark was canceled in 2021 in several sources. Is this true or will I run into any... Read more »

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp PRO label
answered on Jan 3, 2023

The trademark registration of Atlus Co., Ltd. for the TRAUMA TEAM mark expired in 2020 for failure to renew. However, if the mark is still being used (despite the registration expiring) you would be infringing by selling similar goods with the same mark.

1 Answer | Asked in Gaming for California on
Q: My son played a video game where the advertise prize was a Nintendo Switch. He won but received a used Nintendo Switch,

The prize was clearly used as it was scuffed up and literally had somebody else’s name on the back of it. Is this legal? Do I have rights to reach back out to the Restaurant and request a new Switch as advertised?

James R. Dickinson
James R. Dickinson
answered on Sep 27, 2022

It would depend on what was promised, I suppose. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]

1 Answer | Asked in Copyright, Entertainment / Sports, Gaming, Intellectual Property and Trademark on
Q: if I were to post videos online of a group playing a tabletop game based on copyright material could I be sued?

if I were to post videos on youtube of me and some friends playing tabletop RPG based around copyrighted material (pokemon) could I be sued for copyright infringement and could I monetize it without legal repercussions?

Thomas James
Thomas James
answered on Sep 26, 2022

This response is based on U.S. copyright law. Laws in other jurisdictions may be different.

While game rules are not protected by copyright, the manner in which they are expressed might be. Images (artwork, drawings, photographs, etc.) generally are protected by copyright. Names of games...
Read more »

2 Answers | Asked in Copyright, Gaming and Intellectual Property for Michigan on
Q: Is it illegal to make content using video game footage/pictures?

I want to make video game content like YouTube videos or screenshot pictures. Like game playthroughs or something. I also want to be able to monetize somehow, like with ads, affiliate marketing, or linking to Patreon.

But I'm worried about getting in trouble with copyright or getting... Read more »

Erik Špila
Erik Špila
answered on Sep 13, 2022

Dear Creator,

thats a very interesting question and I will gladly try to answer it.

At first, in general, it is legal to create a gameplay videos from video games and post them on youtube and then monetize your channel. There are some circumstances when this does not apply such as...
Read more »

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1 Answer | Asked in Copyright, Gaming and Trademark for Georgia on
Q: Can I make a web-comic using screenshots from a video game?

More specifically, can I tell the story of the game, using screenshots, edited into a web-comic format? Would the story have to be original? Is there any variation of this idea that could be monetized?

Erik Špila
Erik Špila
answered on Sep 6, 2022

Yes, you can use screenshots from a videogame to make some new piece of author work. Considering that the screenshots are also yours. In my opinion it is same as making a YouTube videos in-game and then monetizing your gaming channel. Story should be original if you want to be an author of the... Read more »

1 Answer | Asked in Gaming on
Q: I need to know if I can legally create a Monopoly video game without asking Hasbro Gaming for permission.
Erik Špila
Erik Špila
answered on Aug 23, 2022

Dear Mrs or Mr,

suddenly this will not be legally possible, at least not like you want it. Hasbro has this board game very good trademarked accross many countries around the world. Even if they have no trademark for "Monopoly" word in the country in which you would like to create,...
Read more »

1 Answer | Asked in Business Law, Communications Law and Gaming for Arkansas on
Q: Is it possible for me to sue Pokémon support for lying in their code of conduct and negligence

Code of conduct says “if you believe you have been mistakenly discipline, please contact support here” which is where I make support request ticket but after making one all I get is an email (This is an automated email response.) saying “we don’t respond to inquiry’s of that kind” or... Read more »

Erik Špila
Erik Špila
answered on Aug 22, 2022

Dear Mrs or Mr,

well this is kind of not so exact question, but I will try to provide an answer to at least some extent.

At first the question about "If you are able to sue someone" is very general and the general answer to this is that Yes, you can sue, because you can...
Read more »

1 Answer | Asked in Business Law and Gaming on
Q: Hi, I have found a way to hack a game. I want to sell crystals you also can buy in game.

I live in Denmark and the android game is made by non-danish people.

Erik Špila
Erik Špila
answered on Aug 22, 2022

Dear Mrs or Mr,

in Denmark the actions you have mentioned might potentialy lead to a criminal prosecutions. Hacking is when someone gets access to someone elses computer, programmes, email or social profile without her/his permission. Everything without permission in this case might be in...
Read more »

1 Answer | Asked in Entertainment / Sports and Gaming for Texas on
Q: What kind of restrictions and red-flags might I need to avoid and look over when developing a mobile app?

Essentially I have an app in development that requires the user to utilize their phones movement (throwing or spinning it) as an in-game feature. I am concerned however on what would occur if a person accidently drops or breaks their phone and whether they are able to take any legal actions against... Read more »

Erik Špila
Erik Špila
answered on Aug 22, 2022

Dear Mrs or Mr,

thank you for your question and I will be starting with the fact that its very good (from the legal point of view) that you are already warning your users and you provide safery instructions before usage of such app.

Other relevant precautions might be to enlist...
Read more »

1 Answer | Asked in Family Law and Gaming for Michigan on
Q: Is there anything i can do to compel my father to either let me find or have him find my binders of pokemon cards?

When i was a minor, i collected Pokémon cards, some were gifts from a variety of family/friends, some I got by trading to friends as well as buying them at yard sales or at the store, with money i earned. He doesn't dispute they belong to me. About 6 years ago my dad bought a new house and my... Read more »

Michael Zamzow
Michael Zamzow
answered on Jul 26, 2022

Sometimes a practical solution is best. You could offer to split the proceeds of any sale with your father. If you give him an estimate of value, he might change his mind about storing something so valuable.

If he only has three binders, and if they are particularly valuable (a quick google...
Read more »

1 Answer | Asked in Gaming for California on
Q: So i wanted to know if re selling game hacks / in game currency is illegal.

Like for example say you need a activation code for the hack. You don’t buy a hack directly it’s more of a subscription code. Say you buy that from chinese people send them money and to re sell it. Same goes for the in game currency you buy it from them for cheap and re sell it. Would that be... Read more »

Jingzhan Wang
Jingzhan Wang
answered on Jul 24, 2022

It's illegal in China

2 Answers | Asked in Copyright, Gaming, Intellectual Property and Trademark on
Q: I have a specific question about copyright and trademark registration for a game studio.More details below.

Dear Ladies and Gentlemen,

i have a specific request and I would like to ask your advice, please.

I am interested in registering a trademark and copyright, specifically about a studio name & devloper name in the games industry, as well as for a website.

Unfortunately, i... Read more »

Dane E. Johnson
Dane E. Johnson
answered on Jul 4, 2022

If you are outside the US, you must have an attorney who is eligible to practice in the US Patent and Trademark Office represent you in filing a trademark application. Outside the US, you can file a trademark application with the trademark office of each country in which you are seeking protection.... Read more »

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1 Answer | Asked in Copyright, Gaming, Intellectual Property and Patents (Intellectual Property) for New Jersey on
Q: Can I patent a game that has open domain IPs such as Santa Clause? I’m making a game where Santa is the main villain

I am making the story unique and bringing my own twist on Christmas and a dark tale of horror with my own unique characters and ideas.

Leonard R. Boyer
Leonard R. Boyer
answered on May 14, 2022

Your situation requires more facts and to determine what you can due without getting into serious legal problems, you must retain an experienced patent law attorney. With modern technology, you can be represented by any high-quality attorney in New Jersey irrespective of geography.

2 Answers | Asked in Gaming and Trademark on
Q: I am about to start a new tabletop rpg game. Do I need to register a company or trademark it is enough?
John Martin Hilla
John Martin Hilla
answered on Apr 17, 2022

Hello from a longtime tabletop rpg player! I've had the pleasure of knowing and gaming with some of the leading names in gaming going back to the early 80s. This is one of my favorite topics, and the answer to your question is—both.

A company is registered through the filing of your...
Read more »

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1 Answer | Asked in Family Law and Gaming for Michigan on
Q: Can my parents smash my stuff if I bought it with my own money

I'm 19 and live at home with my parents and right now we're in an argument and they're threatening to smash my PS5 that I bought with my money and I told them that they can't do that is that true

Michael Zamzow
Michael Zamzow
answered on Apr 8, 2022

Well, think about it from a big picture. While, it is true that they cannot damage your property, if they do damage your property you're only reliable remedy is a lawsuit against them. It is also true that your parents can evict you. Every familial situation is different, you might look back... Read more »

1 Answer | Asked in Family Law and Gaming for Michigan on
Q: Can my parents smash my stuff if I bought it with my own money

I'm 19 and live at home with my parents and right now we're in an argument and they're threatening to smash my PS5 that I bought with my money and I told them that they can't do that is that true

Brent T. Geers
Brent T. Geers
answered on Apr 4, 2022

That could be malicious destruction of property - a criminal offense. But now hear this: you are over 18 years old, which makes you a tenant in your parents' home. They do not need to let you stay there. I would suggest you have a conversation with them about expectations, and if there is no... Read more »

1 Answer | Asked in Copyright, Entertainment / Sports, Gaming and Intellectual Property for Georgia on
Q: Game Copyrights, and Intellectual Property

I am planning on making a 2D Platformer game (when finished, I want it to be released on Steam, and possibly outside of the US if sales are good). I will be making the music for the game - I don't know too much on how copyrights work besides the fact that I have to file it, and I don't... Read more »

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp PRO label
answered on Mar 28, 2022

The game product you envision has elements that, as the fruits of your original creative effort, are separate subjects of copyright: the code, the visual appearance, and the music. To assure the greatest protection for your work(s), you should register the copyright in each of these elements. Then... Read more »

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