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New York Gaming Questions & Answers
1 Answer | Asked in Gaming and Intellectual Property for New York on
Q: What can I do to make this business start legally the right way?

We have a video game in the making based off of a TV show. I know there are copyright issues since we’re using the same characters, but what can we do to prevent that? We’d like to start a kickstarter campaign after we’re done with 35% of the game and start monitoring. How would we work... Read more »

Peter D. Mlynek
Peter D. Mlynek answered on Dec 25, 2018

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...
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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.

2 Answers | Asked in Gaming, Intellectual Property and Trademark for New York on
Q: What is the legality of creating and selling a board game based off a fictional board game from a TV show?

A few examples are: The Cones of Dunshire from the TV show 'Parks and Recreation', CharDee MacDennis from the TV show 'It's Always Sunny in Philadelphia', and True American from the TV show 'New Girl'.

Barbara Berschler
Barbara Berschler answered on Sep 4, 2017

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... Read more »

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2 Answers | Asked in Gaming and Tax Law for New York on
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?

The UK does not tax gambling winnings from casinos, but the U.S does. If I win money at a British Casino, and I bring that money back to the State (I am a U.S resident that has a Visa to stay in the UK), would I need to pay any taxes on such income that I earn? If so, would I need to ask the UK... Read more »

Matthew M Montoya
Matthew M Montoya answered on Oct 25, 2016

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... Read more »

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