New York Entertainment / Sports Questions & Answers

Q: I am suing a venue for an event I had produced. I live in Queens, do I file in Queens or Fishkill?

3 Answers | Asked in Contracts and Entertainment / Sports for New York on
Answered on Feb 28, 2019
Michael David Siegel's answer
I always recommend suing where the defendant is located. It saves a step in enforcing the judgment.

Q: Want to get the rights to use music from an old TV show in a short film I am making. I believe it's owned by CBS.

1 Answer | Asked in Copyright, Entertainment / Sports, Intellectual Property and Trademark for New York on
Answered on Jan 2, 2019
Ali Shahrestani, Esq.'s answer
See my reply to your same question posted in the CA section of this forum. A license from the copyright owner would be required if you don't qualify under the "Fair Use" exceptions. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AliEsq.com. I...

Q: Is there a law that governs college scholarship contract provisions regarding behavior or conduct outside of athletics?

1 Answer | Asked in Entertainment / Sports for New York on
Answered on Jul 21, 2018
Gregory J. Tarone's answer
Yes, and no, and to a certain extent it depends on the institution providing the scholarship and what the rule is. There is no specific "law" for it. That is, no state or federal statutes that apply. Scholarships are contracts governing the rights of the parties -- and that is where you begin to ascertain what regulatory bodies have authority over student-athlete conduct outside their athletic roles. Most student-athlete scholarships are provided by member institutions of the National...

Q: Is it possible to use fictional characters from tv shows in music under transformative usage?

1 Answer | Asked in Copyright and Entertainment / Sports for New York on
Answered on May 14, 2018
Benton R Patterson III's answer
In theory, yes it is possible. An attorney would need to know more about the work to give an opinion on whether the particular use is transformative.

Q: Can a high school athlete hire an agent to represent them in choosing a college?

1 Answer | Asked in Entertainment / Sports for New York on
Answered on May 8, 2018
Gregory J. Tarone's answer
Yes, but then he or she loses all amateur eligibility to compete in NCAA and other organizations' athletics, but not necessarily the Olympics. An amateur athlete cannot have an agent. It is entirely legitimate to engage the services of a lawyer on a fee basis for legal advice and guidance, but not to negotiate for the athlete. Parents also should not negotiate for the athlete with anyone, particularly colleges. Never, ever, should an amateur accept any money, clothing, equipment or...

Q: What rules apply to promoting products on social media?

1 Answer | Asked in Entertainment / Sports for New York on
Answered on Mar 15, 2018
Carrie A. Ward's answer
The FTC guidelines for endorsements govern promoting products on social media. The guides are specific, but in general you need to make it clear that any “mentions” on social media are paid advertisements. There are are many ways that this can be accomplished. An attorney experienced in advertising law could help you navigate through these issues.

Q: Is it considered gambling for players to put monetary wagers on skill based games?

1 Answer | Asked in Entertainment / Sports and Gaming for New York on
Answered on Feb 25, 2018
Carrie A. Ward's answer
It is illegal when there are 3 elements present in the contest: (1) prize; (2) chance; and (3) consideration. In the scenario you describe above, the element of chance is missing in the equation.

Q: hello please i need advice on what to do i do photography and videography and couple months ago i did a reality show

1 Answer | Asked in Copyright, Business Law and Entertainment / Sports for New York on
Answered on Jan 29, 2018
Michael David Siegel's answer
You can sue. An oral contract is enforceable. It is just harder to prove. Here you have the commercial use.

Q: I want to share a life story on YouTube that doesn’t paint people in the best light. Can they sue me?

1 Answer | Asked in Personal Injury, Entertainment / Sports and Libel & Slander for New York on
Answered on Jan 7, 2018
Mr. Beau Correll's answer
If you are that worried about it, you should probably consult with a defamation attorney in advance and have them vet your statement.

Q: Does my band need to have an internal band contract? Should we consult with an attorney about that?

1 Answer | Asked in Entertainment / Sports for New York on
Answered on Nov 17, 2017
Jonathan Bradford Ripps' answer
Hi - you need to think of your band as being similar to a marriage. If there are assets (equipment, recording contract or incoming revenue streams), and there is a breakup, there are going to be disputes on how the assets will be split up. If you are in that position, congrats! That indicates that you are seeing some success with your endeavor. However, it would be prudent to have an agreement between the members that solidifies what would occur if there was a break-up, etc. It can also include...

Q: What release forms do I need?

2 Answers | Asked in Entertainment / Sports, Intellectual Property and Trademark for New York on
Answered on Aug 13, 2017
Ali Shahrestani, Esq.'s answer
You may need a lawyer to draft such documents so that they're tailored to your needs. If you're a minor, then a parent may need to hire the lawyer for you. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and...

Q: What should I say to successfully obtain the rights for an abandoned/dead mark from the original trademark registrants?

1 Answer | Asked in Entertainment / Sports, Intellectual Property and Trademark for New York on
Answered on Aug 7, 2017
Benton R Patterson III's answer
You probably do not need anything from the original owner if the mark expired 10 years ago. Once a trademark expires, the registration terminates. The former owner no longer owns a federal registration. Although, there could be some other common law rights to the mark. To be certain the mark is clear, you would need to have a trademark search conducted. A trademark attorney can provide a search.

Q: is public access tv considered public domain?

1 Answer | Asked in Business Law, Entertainment / Sports, Intellectual Property and Internet Law for New York on
Answered on Aug 7, 2017
Barry Eran Janay's answer
Probably not, contact the shows producers and ask for permission / a license.

Q: Can I collect a finders fee as a "Consultant" for introducing an investor to a producer for an animated tv series in NY?

1 Answer | Asked in Contracts and Entertainment / Sports for New York on
Answered on Aug 3, 2017
Robert Philip Cogan's answer
If the introduction has not been made yet, a Finder's Fee Agreement is a good way to protect the consultant. There are formulas that are recognized as appropriate for determining the amount to pay the consultant.

If the introduction has already been made, it is necessary to consider these questions. Was there a contract? Did the investor agree to pay a fee? Did the producer agree to pay a fee? If there is no evidence that someone agreed to pay the consultant, recovery can be difficult....

Q: Filming a doc,got an appearance release form signed, but he refuses to sign a location release,can I use any footage?

1 Answer | Asked in Entertainment / Sports for New York on
Answered on Aug 2, 2017
Ali Shahrestani, Esq.'s answer
If you use it without the location release, you may be inviting a lawsuit. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense,...

Q: My sixteen year old daughter signed a modeling contract without my consent. Is it legally binding, even if she's not 18?

1 Answer | Asked in Entertainment / Sports for New York on
Answered on Jul 26, 2017
Ali Shahrestani, Esq.'s answer
A minor cannot consent to a contract, except for necessities. You may seek to rescind it. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal...

Q: How would I successfully go about obtaining a stage name, that was filed/abandoned (is DEAD) 10+ years ago?

2 Answers | Asked in Entertainment / Sports, Intellectual Property and Trademark for New York on
Answered on Jul 25, 2017
Donovan A Rodriques' answer
You will need to conduct a search to see if the mark is still in use. A trademark may be still valid at common law despite being listed as "dead" at the USPTO. If the mark is in use you may contact the owner for permission to use it, via a transfer of rights or trademark license. If the mark is not in use, you may use it.

Q: Copyright reg: does 'authorship on appl' for 'entire work' protect music and vocals in a motion picture live recording?

2 Answers | Asked in Copyright, Business Law, Entertainment / Sports and Intellectual Property for New York on
Answered on Jun 27, 2017
Michael David Siegel's answer
You need to copyright the individual songs. What you did covers the video, but not the songs re-done on an album.

Q: A group of friends are developing a video game - what's the best way to make sure we all get credit if we sell it?

1 Answer | Asked in Entertainment / Sports for New York on
Answered on Jun 25, 2017
Ali Shahrestani, Esq.'s answer
You should hire a lawyer to draft a partnership agreement and IP agreement. An ounce of prevention is worth a pound of cure, said Ben Franklin -- and with good reason! 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, www.AEesq.com. I practice law in CA, NY, MA, and DC...

Q: Trying to find out what the common practice is for an agent's cut of a person's salary

2 Answers | Asked in Entertainment / Sports for New York on
Answered on Jun 2, 2017
Jonathan Bradford Ripps' answer
Hi there - an agent's commission can be between 10 and 20 percent, depending on what type of project is procured. Each agent or manager should have a commission structure in their agreement. I hope that helps!

Best,

Jon

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