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2 Answers | Asked in Entertainment / Sports, Gaming and Internet Law for New York on
Q: I want to create a website that hosts fantasy football contests for money. Is this legal?

I want to host survivor pools (contestants pick a winner of an NFL game each week) and season long contests (contestants will create a lineup each week picking from a pool of NFL players, accumulating a score correlating to how the NFL player performs that week). Is this legal? Are these... View More

James L. Arrasmith
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answered on Apr 6, 2024

The legality of hosting fantasy football contests for money depends on the specific laws of the jurisdiction where you plan to operate the website. In the United States, the Unlawful Internet Gambling Enforcement Act (UIGEA) of 2006 includes a carve-out for certain fantasy sports contests, deeming... View More

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2 Answers | Asked in Entertainment / Sports, Gaming and Internet Law for New York on
Q: I want to create a website that hosts fantasy football contests for money. Is this legal?

I want to host survivor pools (contestants pick a winner of an NFL game each week) and season long contests (contestants will create a lineup each week picking from a pool of NFL players, accumulating a score correlating to how the NFL player performs that week). Is this legal? Are these... View More

Eddie Burnett
Eddie Burnett
answered on Apr 3, 2024

Many states have laws specifically addressing gambling. Some have exceptions for "games of skill," but the definitions and interpretations vary. In most states, to avoid gambling issues, there have to be no entry fees and prizes must be predetermined and not based on entry fee totals.

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2 Answers | Asked in Copyright, Entertainment / Sports, Intellectual Property and Internet Law for New York on
Q: Can someone copyright strike your picture if you took it and it's of you but the background is inside their house?

I have some nonmonetary videos on YouTube and they're like slideshows of pictures of me. In some of them I'm at my boyfriend's parents old house. I took the pictures and they're just of me no one else but the background is inside one of the rooms of his parents old house. In the... View More

James L. Arrasmith
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answered on Mar 30, 2024

Based on the information provided, it is unlikely that your ex-boyfriend or his parents would have a valid basis for a copyright claim on your videos. Here's why:

1. Copyright protects original works of authorship, such as photographs, videos, and other creative content. In this case,...
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2 Answers | Asked in Entertainment / Sports, Intellectual Property and Trademark for New York on
Q: Can I trademark my music groups name, even if it’s trademarked for other companies that aren’t music related?
Kirk Theodore Schroder
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answered on Nov 29, 2023

Yes, you can trademark your music group's name even if it is already trademarked for other companies in non-music-related industries. Trademarks are granted within specific classes of goods and services. If your music group's name does not conflict with existing trademarks in the music... View More

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2 Answers | Asked in Entertainment / Sports, Intellectual Property and Trademark for New York on
Q: Can I trademark my music groups name, even if it’s trademarked for other companies that aren’t music related?
James L. Arrasmith
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answered on Nov 17, 2023

Yes, you can trademark your music group's name even if it's already trademarked in other, non-music-related industries. Trademarks are generally industry-specific, meaning the same name can be used in different industries without issue, as long as there's no likelihood of consumer... View More

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2 Answers | Asked in Consumer Law, Entertainment / Sports, Gaming and Small Claims for New York on
Q: If compulsory censorship happens to a digital good, artbook or game AFTER a sale. is that effectively theft?
T. Augustus Claus
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answered on Aug 10, 2023

Compulsory censorship of a digital good, such as an artbook or a game, after a sale may not be considered theft in the legal sense, but it could potentially lead to other legal issues or breaches of contract, depending on the circumstances and the terms of the sale or licensing agreement.... View More

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2 Answers | Asked in Consumer Law, Entertainment / Sports, Gaming and Small Claims for New York on
Q: If compulsory censorship happens to a digital good, artbook or game AFTER a sale. is that effectively theft?
Tim Akpinar
Tim Akpinar
answered on Aug 11, 2023

If the censorship arose out of circumstances beyond the control or knowledge of the seller, such as more stringent standards materializing out of new interpretations of the First Amendment, it might be a constitutional law issue more than a matter of theft, fraud, or misrepresentation. An attorney... View More

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3 Answers | Asked in Copyright, Entertainment / Sports, Trademark and Intellectual Property for New York on
Q: A colleague (musician-turned-lawyer) and I have written a musical piece together.

A colleague (musician-turned-lawyer) and I have written a musical piece together. Can he himself represent the music legally and handle the copyright registration? He would also have to be the legal third-party regarding the publishing company. It seems to me this would all present a conflict of... View More

Giselle Ayala Mateus
Giselle Ayala Mateus
answered on Mar 10, 2023

If you and him are business partners, one may thing that their interests are aligned. However, it may not be the case for ever. It is a good practice to have independent counsel. Thereafter, you can make an informed decision as to who should be in charge of the legal aspects of the registration of... View More

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3 Answers | Asked in Copyright, Entertainment / Sports, Trademark and Intellectual Property for New York on
Q: A colleague (musician-turned-lawyer) and I have written a musical piece together.

A colleague (musician-turned-lawyer) and I have written a musical piece together. Can he himself represent the music legally and handle the copyright registration? He would also have to be the legal third-party regarding the publishing company. It seems to me this would all present a conflict of... View More

James L. Arrasmith
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answered on Mar 10, 2023

It is possible for your colleague, as a lawyer and co-creator of the musical piece, to represent the music legally and handle the copyright registration. However, there could be potential conflicts of interest depending on the specific circumstances of your situation. It is important to discuss any... View More

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1 Answer | Asked in Copyright, Business Law, Civil Rights and Entertainment / Sports for New York on
Q: If I shoot a music video for a new song in public, and regular people wind up in the recording, is that a problem?

We are planning to shoot a music video for a new song in various locations, Arizona, California, Nevada, New York. The video will be published to YouTube for the band. Normally on a set, the actors and everyone involved know they will be in the music video. However, this video will be out in public... View More

James L. Arrasmith
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answered on Sep 17, 2024

When filming a music video in public spaces, it's important to understand the legal implications of capturing individuals in the background. Generally, people in public places have a lower expectation of privacy, meaning they can be filmed without explicit consent, especially if they are not... View More

4 Answers | Asked in Contracts, Business Formation, Business Law and Entertainment / Sports for New York on
Q: If a dissolution agreement (New York State) has been sent, is there a time limit for the agreement to be signed?

I am attempting to dissolve a partnership for a company created to produce a musical I created. The agreement entitles me to all the rights back to my work. They have had the dissolution agreement since December and haven't responded.

Jack Mevorach
Jack Mevorach
answered on Jul 10, 2024

I would think not, unless the agreement has a stated expiration date within it. Watch for Statute of Limitations.

Jack

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1 Answer | Asked in Entertainment / Sports for New York on
Q: How much would it cost to patten a modification to the game of pickle ball?

In Ny state

Tim Akpinar
Tim Akpinar
answered on Mar 23, 2024

It looks like your question may involve intellectual property issues - that could be why it remains open. Not all questions are picked up here, but you could repost and add Intellectual Property categories for better chances of a response. Good luck

1 Answer | Asked in Contracts and Entertainment / Sports for New York on
Q: Hi, I’m an actor in NYC who is represented by a talent manager, not an agency.

To my knowledge a talent manager is unable to procure work and negotiate contracts in NY State. I recently made the decision to part ways with my manager but am currently working on a job that they negotiated. I was told that even with our contract ending they are still entitled to the commission... View More

Di Ma
Di Ma
answered on Sep 3, 2022

Hi. Do you have a written agreement with your former talent manager that dictates the terms of the representation? If so, it may have language in there that addresses a breakup. Best of luck.

1 Answer | Asked in Copyright, Entertainment / Sports and Intellectual Property for New York on
Q: Can I use the name of a fictional city from a movie in my book?

The name used in the movie is “Koriko” while I’ll use “Corico City”. The cities won’t be similar in any way. I wanted to use the name to pay homage to the movie, but am worried about copyright infringement. Thank you!

Marcos Garciaacosta
Marcos Garciaacosta
answered on Jul 12, 2021

Maybe.

Consult with an attorney to search for use of the name and whether there is any registration.

Best luck!

1 Answer | Asked in Consumer Law and Entertainment / Sports for New York on
Q: Lost racket at sports club,found by employee, left in their office and then disappeared from there. Can I take action?

I left my racket at a sports club of which I wasn't a member. The coach picked it up and confirmed by email that he had it and had left it in his office. Then the COVID crisis hit so I was unable to visit the club to pick it up. The staff member was furloughed and never returned. Now the club... View More

Gregory J. Tarone
Gregory J. Tarone
answered on Jul 10, 2021

Yes, you can bring an action for replevin to return your personal property to you. That email acknowledging possession is an indication of having possession of your chattel. Assuming the coach is an employee, the owner of the club is responsible also, so sue them both. If the racket is worth less... View More

1 Answer | Asked in Entertainment / Sports for New York on
Q: I wrote music for a film and now the client is requesting money back because he doesn't like it. Is he allowed to?

I wrote the music for my clients film. I requested half the payment ($900) upfront and half when the project is completed. I nearly completed the project and sent the project to the client for approval before finalizing the music and he decided he did not like it anymore and he did not want me to... View More

Tim Akpinar
Tim Akpinar
answered on Feb 9, 2021

An attorney who deals with contracts in the entertainment industry could advise best, but you await a response for three weeks. As a general matter, it would probably be difficult for any attorney to comment meaningfully without seeing the requirements of the contract. Additionally, contracts that... View More

1 Answer | Asked in Copyright, Entertainment / Sports and Trademark for New York on
Q: An established comedian made a web series with a name I've been using to DJ for years. Do I need to change it?

I've been operating as a DJ under a certain name since 2016. I'm small-time, but have been paid to perform and have social media profiles registered under my performance name that have been in use since 2016, although I have never registered a trademark or anything.

Today, I found... View More

Marcos Garciaacosta
Marcos Garciaacosta
answered on Dec 8, 2020

Depends on how long you have been using it and if they started using it before you or after.

You may have common law rights.

You should contact an attorney to understand your rights better.

At best you could continue using the name unless they contact you in which case you...
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Q: I create custom sports cards. Is there any way for me to sell my custom cards legally?

So I design and print custom sports cards myself and recently I have been getting a lot of interest in them. I understand Panini has the sole rights to create and sell NBA cards. Is there a way to sell the cards I create without infringing on Panini’s rights? I’ve heard altering existing... View More

Timothy John Billick
Timothy John Billick
answered on Oct 20, 2020

There is not enough information here to answer this fully, but here are some areas of potential concern:

1) The NBA's rights to the trademarks of teams and their own marks

2) The Teams' rights to their own marks

3) Copyright rights to the photos you're using...
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1 Answer | Asked in Entertainment / Sports for New York on
Q: For Assumption of Risk and Release forms, do you need to have an LLC or an Inc to be legally binding?

I am a producer on a film production that is following COVID-19 guidelines for the set. We are requiring cast/crew sign an Assumption of Risk and Consent/Release forms. Most templates have an agreement between the individual signing and the "Company." As the director does not have a... View More

Jason Brooks
Jason Brooks
answered on Aug 27, 2020

The short answer is no, you don’t need to be a legal entity to contract in this manner. But... Your question raises some potential red flags that aren’t easily discussed in this Q&A forum. I think you would benefit by by seeking the direct advice of an attorney here. If you would Like to... View More

1 Answer | Asked in Entertainment / Sports for New York on
Q: My friend and I would like do to a podcast and title it garbage plate sports. Can we use this?
Tim Akpinar
Tim Akpinar
answered on Jun 12, 2020

You could add Trademark Law to your categories. There's no guarantee all questions are picked up, but your post remains open for two weeks. Trademark attorneys have insight into issues that could arise in using a given name for an organization, business, or other purpose.

Tim Akpinar

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