California Entertainment Legal Questions

Your sense that this is a cloudy issue is accurate. It is not lawyers who decide if something is illegal, but legislators and courts. If an attorney general thinks something is illegal, they might try some test cases and you surely do not want to be one of the people that gets snagged. There is no lawyer who can tell you that you will be safe, although usually it would be the owners of such a company that would be in trouble first.... Read Answer

This is a good question. I have answered questions on this site that are very similar to yours. You may want to look those up. You should work closely with a lawyer on your business project. Your exact needs will depend on the exact county, city, state and building where you will hold each party. It will also depend on whether your organization is a for profit, a nonprofit, a church, a school, or some other type of entity. It also depends on what sort of entertainment your group is providing, particularly if any of the entertainment is considered adult or sex entertainment. Any adult or sex based entertainment creates many more limitations and requirements. For any sort of gathering, two major factors are parking and insurance. In many locations, you will need to provide for parking nearby. That can be anything from letting the guests know where they can find nearby parking lots, to providing valet service, to shuttling guests in from a distant parking lot. In almost all locations, you will need to buy insurance to cover the event and name the owners of the building as being co-insured. Many buildings have an insurance company already and will be able to connect you up with a policy for a few hundred dollars. Other locations will require you to have insurance, but will leave you on your own to find it. Typical insurance amounts are one or two million dollars, which, depending on the nature of the gathering, will range from several hundred dollars on up. Insurance companies will refuse to insure any event or group that sounds too risky. Most places will require you to hire the security company that they work with regularly. Most locations also limit catering to companies they have approved. Buildings develop exclusive contracts with specific vendors for security, catering, bartending, valets, coat check, sound and lighting, and other such services. All of these considerations I have listed sound complex, but are not really. Work with a lawyer. Once you get the hang of running such events, all these considerations will come easily. Most potential venues have an events person on staff and that person can work it all out for you. In places that are experienced venues, it may be very simple and all you need to do is provide enough money, while the venue will provide everything you need. Consider calling a few potential event venues and speaking with them about what you want to do. They can give you an idea of the feasibility and costs involved. That sort of information gathering will be very valuable to you in formulating your business plans. Your events should be so well-planned and well-organized that they appear to the guests to be effortless.... Read Answer

It sounds like you may very well have a case against your mother and possibly against the bank and possibly against others who allowed this situation. You should definitely book up an appointment with a reputable law firm that does litigation in this field and allow them to analyze the situation. They will need to ask you many questions and look at this closely. That is your first step. Taking that first step means you are gathering information. Once you have the information, you can decide from there what to do.... Read Answer

When you sell a used CD, you are not making a copy of it. You are selling a hard physical thing and you no longer have it. If you were to sell a used digital copy, you would be making a copy of it. There is no other way to transfer a digital copy than to transfer a copy of it to someone else. Since you are making a copy, that violates Copyright law, which gives the right to copy to the owner of the copyright on the sound recording. Therefore, selling a digital copy of a song you bought legally is illegal.... Read Answer

Since you are starting businesses and LLCs, you should really hire a business lawyer and consult with the lawyer on these and other issues. You should not consider trying to register a trademark, except with a lawyer doing it for you. Every business needs a lawyer. Put a lawyer in your budget and include it in your funding.... Read Answer

Contact the game company and tell them what you want to do. You cannot do it without their written permission because you would be using the name of their fame, their trademarks, and possibly their character photos, on which they own the trademark and copyright. The company might very well say yes if you present yourself in a professional, organized manner. If you run the tournament without their permission, you risk they will send you a Cease and Desist letter and wreck all your fun midstream. On the other hand, if they like you and what you plan to do, the tournament could be good publicity for their game. Go ahead and contact the company. You won't know till you try.... Read Answer

An adult entertainment business that is online is extremely different from one that is in person. An in person business is located in one location, which means the laws of one state, one county, one city or suburb. An online business is located everywhere in the world. Since you are located in the U.S., you need to be concerned mainly with the laws of the U.S. In running an online business, you must be aware of federal laws, such as the Computer Fraud and Abuse Act, the Communications Decency Act, and laws regarding pornography, obscenity, privacy laws, and many more. You also need to be concerned with the laws of every state, or be gearing to the strictest laws in the nation. Obscenity is illegal, and material can be adjudged to be obscene at the place where it is received or viewed, not just at the place where it is produced or sent. Also, in an in person business, you can easily control access as to who enters. In an online business, anyone can enter and you do not actually know if the person is under 18 or anything about that person. You need to be very careful. So what kind of lawyer do you need? Someone who knows these laws and someone you will listen to. Please be aware that when people get in trouble regarding pornography or obscenity, they usually get in terrible trouble. The stakes are very high. Get a lawyer who will nitpick with the laws to keep you out of trouble.... Read Answer

You need to talk to a lawyer about this as soon as possible. There are many questions that will be asked. Do you have a contract with these friends? Where are they getting your words and concepts? Are they using your name? Did you ever write or record your ideas? To gain copyright on your words or ideas, all you need to do is set them into tangible form. You can simply put your words and ideas into writing or make a recording. You can then register copyright online on the U.S. Copyright website which costs thirty five dollars. Putting it onto YouTube would publish it and you don't want to do that until after you register copyright. All of this may or may not keep the friends from publishing a book, too. You need to speak with a lawyer immediately.... Read Answer

It is very difficult to make such a business legal. It is even more difficult to make such a business safe for for the dancers and the customers. If the breasts or sexual organs are exposed, this becomes adult entertainment. In some locations, it can be adult entertainment even without that. It is very difficult to get zoning and licensing and insurance on adult entertainment. if you think about this, where is the party being held? If it is at a bar, restaurant, or hotel, their licensing is in jeopardy if they have adult entertainment without proper zoning and licensing. If the party is in a home, frat house, or other such private place, there can be problems with regard to zoning, need for an entertainment license, homeowners association, and on. There is always a problem with where to advertise. Another problem is that police will be constantly trying to entrap the business and the dancers. Some of these businesses have ended with a dancer making allegations of rape. If you plan to start such a business, you need to hire a lawyer and go over all aspects of the law - municipal, county, state and federal - and look at things such as business license, insurance, zoning, sex entertainment laws, adult entertainment laws, etc. You need to know what the line is between dancing and prostitution. This line has caused many arrests. My guess is that most of these businesses last for under one year and end in some sort of arrest, accusation, threat or serious mishap. If you do all the homework to do it all legal, you will probably find that it really can't practically be done all legal, because each location where the dancers go to perform presents a new set of laws, zoning, homeowner or business regulations. That is why a strip dancing business that is constantly moving is not likely to be legal. That is why strip dancing businesses that want to be legal are located in one static location that is very carefully chosen for their zoning and local laws. Such clubs that want to stay in business run with very specific rules about what can and cannot be shown and a strict ban on touching. They also hire big men as bouncers.... Read Answer

The answer to this question differs from state to state, depending on the Talent Agency law of that state. In the two states in which I am licensed, California and Illinois, the laws are quite similar to each other, though California enforces and publicizes the law much more rigorously. California is much better at protecting actors, musicians, and other talent from unscrupulous people who claim to be agents or bookers. A booking agent is a talent agent that works on behalf of venues to book talent for them. A booking agent is required to be licensed as a Talent Agent. To get such a license, a person must apply to the state and must meet requirements such as a background check, testing, insurance, an in-state place of business, and other requirements. It is not cheap or easy to become a talent agent. The purpose of licensing of talent agents is to protect actors, musicians, and other entertainers, as well as the venues that book them. The talent agent is required to make sure the whole deal meets the requirements of the law so that people get paid and safety and decency laws are met. Working with a non-licensed talent agent or booking agent is terribly risky. Many people that call themselves booker or booking agents are actually operating without a license. Before doing business with them, you should ask if they are licensed and check it out. There are two other types of people that might be booking talent for shows. One is called a Talent Buyer. A Talent Buyer is an employee of a venue or of a company that owns numerous venues. A Talent Buyer books talent for a venue and usually deals with the licensed agent that represents the talent, or with the manager or talent directly, if the talent has no agent. It will be the duty of the licensed Talent Agent to be sure the contract offered by the Talent Buyer meets the requirements of the law as well as the needs of the Talent. The other type of person that might be booking a show is called a Producer. The producer is a person who takes financial and legal responsibility for creating a show. Like a Talent Buyer, a Producer will work with the licensed Talent Agent that represents the talent. If the talent does not have an agent, a lawyer should be engaged for and by the talent to be sure the contract and deal are acceptable.... Read Answer

I don't know why. However, perhaps it is considered a supporting documents, like a birth certificate. You need to go get a state-issued I.D. card or driver's license using your Green Card. ID Requirements for Washing State Liquor Control Board: Identification MUST be valid (not expired) and show: The bearer's date of birth, The bearer's signature (except US Military ID see below) A photograph of Bearer Types of Acceptable ID 1. Driver's License, Instruction Permit, or I.D. Card issued by any U.S. State, U.S. Territory and District of Columbia. 2. Driver's License, Instruction Permit, or I.D. Card issued by any Canadian Province 3. Valid Washington State Temporary Driver's License 4. U.S. Armed Forces I.D. Card (Encrypted signature acceptable) 5. Merchant Marine I.D. Card issued by the U.S. Coast Guard 6. Official Passport 7. Washington State Tribal Enrollment Card (No expiration date required)... Read Answer

You need to have this contract worked out and written by a good music and film lawyer. When I write such a contract, I figure out what the parties are agreeing to and then write the contract in clear plain language to reflect that agreement. It sounds like the lawyer writing your contract will need to consider all angles and possibilities and work out how you and the composer agree to treat each situation. Some of the situations you will address will be film distribution, possible sound track distribution, use of the songs for other purposes, such as individual sales, mechanicals, performing rights, copyright ownership, derivative works, and on and on. On each of these, the lawyer will work to determine how it is you two agree to handle it, who will have the right to make decisions, who will handle any money, how that money will be divided for years to come, even as elements of the project change hands. Then the lawyer will write it all up in a contract that makes all these things clear so they can be understood by both of you and by everyone working for either of you for years to come, as well as by any judge or arbitrator. Working on such a contract may sound complex, and it is, but to a lawyer such as me, it is joyous work that I love doing.... Read Answer

Sexually explicit content is not allowed on Youtube. There may be content that is allowed, but must be age-restricted. Then it will be marked with a screen to be viewed by those 18 years old and over. If your children attest that they are over 18, they will be able to view it. Tell your children not to do that. However, there are many videos on Youtube that are not appropriate for a 12 year old and most of the videos on Youtube are not appropriate for a 4 year old. The problem is not with Samsung. The problem is you are putting a 4 year old on Youtube. Keep in mind that Youtube is a community. Videos are automatically uploaded by the users and are removed or marked as Adult content when other users flag them. The videos are not prescreened by Youtube. There is no statement that Youtube is a safe place for children. It has become safer, but it is not a safe place for young children. If you see a video you think should be flagged as Adult content, click the flag that is below the video and report it. If you want your child to watch Youtube videos, watch the videos yourself in advance and select the ones you want your child to view. Bookmark those videos to watch later with your child. Then sit with your child and watch them together. Discuss each video with your child. There are many other internet portals that are designed specifically for children. On those portals, all material is selected to be apt for certain age. There are wonderful internet portals filled with education and fun for a preschool children and other portals designed for older children. If you want your child to view alone, put your child on a portal that is designed for children. Even with your child on an age-appropriate internet channel, you should be nearby to discuss, respond, and check up. Do not just put your child on the internet. Your children need to be supervised by you while using the internet. There is a constant stream of children and teens who are lured away by people on the internet, or who have run-ins with creepy people who use the internet to exploit children for sexual purposes. Always keep the camera and microphone covered on the computer, at all times, unless you are actually using it at that moment. Teach your children never to do anything that anyone on the internet instructs them or dares them to do. Explain that it is impossible to know how old someone is on the internet and that someone saying they are 10 years old might be a 50 year old creep. Use the experience on the internet to teach your children what is appropriate and what is not and how to take basics steps to safeguard themselves. Keep the lines of communication open so your children feel safe coming to you if something bad happens to them or others on the internet.... Read Answer

A musician work for hire is when a musician is hired to perform music, such as on a recording, but agrees that he or she will own no copyright or moral rights on the music. In the U.S., a work for hire contract must be in writing, must state clearly and in big print that it is a work for hire contract, and the contract must be offered and signed before the work is done. I do not know how this relates to the second part of your question. If you recorded an album with a band, the contracts you had then control what you can do with the music. If there were no formal written contracts, maybe there was a contract that was formed by emails or letters. The contract with the musicians and others who worked on the album will control what you can do or what you will need to do to proceed ahead. You may need to make new contracts with them to cover this new remastering. You need to show all the contracts to a music lawyer and let them help you.... Read Answer

Begin by seeing your doctor and following any recommended course of treatment/counseling. You may have a case, but proving it is more difficult than in your typical injury situation. Was there a report made, information taken about the company involved and the sponsor of the event, etc.? Further guidance and evaluation of the claim would have to be through a consultation in which all the facts can be thoroughly examined. Any answer given here is going to be limited. Act promptly to preserve any possible claim.... Read Answer

Ubisoft Entertainment Corporation of Rennes, France and Montreal, Quebec, Canada has a U.S. Trademark in an International Class on the words "Black Flag" for Game software and electronic game programs, namely, software games recorded on CD-ROM and digital video discs for computers; software games recorded on CD-ROMs, digital video discs, and cartridges for console and individual, portable gaming systems; software games that are downloadable from a remote computer site and electronic game software for mobile phones, personal digital assistants, and handheld computers. This means you are out of luck on using the name "Black Flag." To protect their trademark, they are required to stop you from using it. You need to come up with a unique, original name that is yours only.... Read Answer

Yes, it sounds like you would be violating the trademark of the other company. You need to come up with a name and premise that is original and yours only. You should work with a lawyer on this, while you are planning the game. Secure a unique and original name and have the lawyer file a trademark registration for you before you proceed.... Read Answer

There are many issues to consider. First, if you have not registered copyright, go quickly and do that at Copyright dot gov. Do not do this anywhere else. That address is the U.S. Copyright office and it will cost you $35 to register copyright. Second, making a new arrangement is creating a derivative work. As the owner of the copyright on the original song, you have the right to control who makes a derivative work. If you agreed to let the man make a new arrangement, then he should be able to register copyright as the arranger on his new work, with you as the person who created the music, which is the melody, and the lyrics. So, yes, you will be co-owners on the copyright on the new arrangement. If you wanted the man to create a new arrangement for a flat fee, as a work for hire, you would have had to have a contract in writing in advance, before he did the work, that clearly stated it was a work for hire and that you would own the copyright and he would not and that he was giving up certain rights and ownership. If you did not have such a contract in advance of him doing the work, then it is too late, because the law requires such agreements for works for hire to be made in advance. Since the man is part owner of the copyright on the new arrangement, he can register copyright on his arrangement. He can also collect a share of the songwriter royalties, if any should occur. It sounds like you two now need a good contract that spells all this out. Please have the contract written by a lawyer who actually knows music law. You asked if the man could ever win in court. Yes, he sure could. But you two should not be thinking of suing each other. You should be thinking about sharing ownership of the wonderful song you two have created and of how you are going to promote the song. Lawsuits are for people who cannot cooperate and create nicely with others. Let's hope you two are not like that.... Read Answer

I think your questions sound good and you should get a lawyer on board immediately. If the lawyer is experienced in this area, they will be able to tell you things without you even asking. One of my concerns would be what to do about those under 18 who will surely want to be in the competition. Another area of concern is to follow privacy laws as to what information you will gather and what notice you will give about that. Privacy laws are much greater for those under age 13, so you may want to limit plan to those age 13 and up, unless the parent joins for the child and supervises play at all times. I think California is the best state to run anything internet from, because the laws are well developed. Yes, this means that California has more restrictions, but they are the right kind of restrictions based on real life experience.... Read Answer