New York Gaming Questions & Answers

Q: What can I do to make this business start legally the right way?

1 Answer | Asked in Gaming and Intellectual Property for New York on
Answered on Dec 25, 2018
Peter D. Mlynek's answer
This is a very common question. Many bloggers and fans of shows or movie stars get really discouraged when they get cease & desist letter from the shows/stars lawyers.

Your situation is even more problematic: you are trying to raise funds, and then sell products and make money off the TV show. It is a commercial enterprise, and you are much more likely to get a C&D letter than some blogger or fan site operator. Whereas many stars may be hesitant to needlessly piss off their fan...

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: What is the legality of creating and selling a board game based off a fictional board game from a TV show?

2 Answers | Asked in Gaming, Intellectual Property and Trademark for New York on
Answered on Sep 4, 2017
Barbara Berschler's answer
For copyright purposes, just as you cannot copy a real game, you may not copy from someone's imaginary game. In both instances, someone created the board game and to the extent the board was an expression of the idea of the game, then that would be off limits without the copyright owner's permission. However, if there is an "idea" of the game and you can determine what that idea is, and then come up with your original expression for the game board, you may be in a better position if...

Q: Will I have to pay taxes on any gambling winnings earned in other countries (UK), if I bring the money back to the US?

2 Answers | Asked in Gaming and Tax Law for New York on
Answered on Oct 25, 2016
Matthew M Montoya's answer
US Citizens or resident aliens are required to report income from whatever source, US or abroad. It doesn't matter whether you bring it back or not - you are required to report it on a US tax return. Failure to properly disclose income from foreign sources or foreign accounts can result in steep penalties.

You should probably contact a professional that regularly handles these kinds of foreign-income and foreign asset disclosure returns. It's better to get compliance right the first...

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