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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 
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
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
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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
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
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
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
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.
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!
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!
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
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
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
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
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
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... View More
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
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... View More
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
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
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
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... View More
answered on May 17, 2020
When the courts reopen you can sue. Likely a small claims type case.
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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.... View More
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),... View More
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... View More
answered on Feb 28, 2019
I always recommend suing where the defendant is located. It saves a step in enforcing the judgment.
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!
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... View More
What can a team prevent athletes from doing on their own time?
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... View More
Like an empathic autobiography.
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.
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,... View More
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