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New York Entertainment / Sports Questions & Answers
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... Read 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... Read 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... Read 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... Read more »

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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... Read 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... Read 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... Read 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... Read 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... Read 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... Read 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...
Read more »

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... Read 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...
Read more »

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... Read 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... Read 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

2 Answers | Asked in Contracts and Entertainment / Sports for New York on
Q: Can I sue an entertainment company for not giving me copies of my daughter baptism?

I have hired a company for photography and video to record my daughters baptism around June 2018. I paid half of there contract. Until they gave me everything I would pay full. It is 2 years and they dont answer my text, email, or phone calls. This is not fair because I do not have one single photo... Read more »

Michael David Siegel
Michael David Siegel
answered on May 17, 2020

When the courts reopen you can sue. Likely a small claims type case.

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2 Answers | Asked in Contracts, Estate Planning and Entertainment / Sports for New York on
Q: How would you know if there's a will left and not just thrown away?
Benjamin Z. Katz
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Benjamin Z. Katz
answered on Sep 25, 2019

If you believe there was a Will you would check where the decedent kept important papers, get in touch with their attorney or check with the local Surrogate’s Court to see if it was filed. If there is a safe deposit box many times people make the mistake of putting their Will there.... Read more »

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2 Answers | Asked in Business Formation, Entertainment / Sports and Intellectual Property for New York on
Q: As a musician who intends to perform independently under the gov legal name, what should I do first to protect my work?

I intend to begin performing on the stage as well as sell my music and other media content via digital platforms: all under my name. On the longer run I intend to establish a company that will be specializing in producing media content, managing artists performances (primarily as a booking agency),... Read more »

Michael David Siegel
Michael David Siegel
answered on Jun 11, 2019

What is "gov legal name"? Do you mean your name? You actually need to trademark your name. While it seems odd, if your name is a brand, you need to protect it. Whether you incorporate at this point or not (and it generally is beneficial to do so), if your name will be the name of the... Read more »

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3 Answers | Asked in Contracts and Entertainment / Sports for New York on
Q: I am suing a venue for an event I had produced. I live in Queens, do I file in Queens or Fishkill?
Michael David Siegel
Michael David Siegel
answered on Feb 28, 2019

I always recommend suing where the defendant is located. It saves a step in enforcing the judgment.

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1 Answer | Asked in Copyright, Entertainment / Sports, Intellectual Property and Trademark for New York on
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.

The music is from two 1961 episodes of The Twilight Zone that were scored by composer Jerry Goldsmith. How would I go about getting the rights to use that music in a short film I am working on? Would this even be possible? Any idea of what it would cost? Thanks!

Ali Shahrestani, Esq.
Ali Shahrestani, Esq.
answered on Jan 2, 2019

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... Read more »

1 Answer | Asked in Entertainment / Sports for New York on
Q: Is there a law that governs college scholarship contract provisions regarding behavior or conduct outside of athletics?

What can a team prevent athletes from doing on their own time?

Gregory J. Tarone
Gregory J. Tarone
answered on Jul 21, 2018

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... Read more »

1 Answer | Asked in Copyright and Entertainment / Sports for New York on
Q: Is it possible to use fictional characters from tv shows in music under transformative usage?

Like an empathic autobiography.

Benton R Patterson III
Benton R Patterson III
answered on May 14, 2018

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.

1 Answer | Asked in Entertainment / Sports for New York on
Q: Can a high school athlete hire an agent to represent them in choosing a college?
Gregory J. Tarone
Gregory J. Tarone
answered on May 8, 2018

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,... Read more »

1 Answer | Asked in Entertainment / Sports for New York on
Q: What rules apply to promoting products on social media?
Carrie A. Ward
Carrie A. Ward
answered on Mar 15, 2018

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... Read more »

1 Answer | Asked in Entertainment / Sports and Gaming for New York on
Q: Is it considered gambling for players to put monetary wagers on skill based games?

If 2 players decided to make a bet on which one of them was better in a skill based video game (online chess or League of Legends) is it considered gambling even though none of the results are controlled by luck?

Carrie A. Ward
Carrie A. Ward
answered on Feb 25, 2018

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.

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