California Entertainment Legal Questions

Your problem is not with using the town's name and layout many authors place their stories in real locations. The bigger concern is that someone actually living in the community will believe that a character or situation in your book is defamatory to that person, that it harms his or her reputation, or is out-and-out false. Brush up on defamation laws before making a decision, especially if you're dealing with a small community.... Read More

It will depend on the type of contract and its terms. Generally, most states allow a person three days to cancel a deal due to "buyer's remorse." However, if the other party has already performed some or all of its obligations under the contract, you may be stuck with the deal. In some cases, you can cancel the contract by paying for the work/service already provided and any harm the other party suffers as a result of your backing out.... Read More

I will need to see the signed written release. Can you please send it to me by return e-mail. The terms and conditions of the release should be spelled out specifically in the release document, or reasonably implied from the terms used therein. Only then can anyone determine whether or not you are permitted by the release to use the released content in a different usage than originally contemplated.... Read More

An attorney can not charge both an hourly fee and a contingency fee unless this was specifically spelled out in the Letter of Engagement signed by the client. Under a contingency agreement, the attorney subtracts his/her percentage (plus expenses if that is what the parties agreed to) and the client keeps the rest. FYI: if you already have a signed agreement with the attorney that spells out the form of reimbursement for the attorney, he/she has no obligation to agree to another form of payment just because you have changed your mind.... Read More

It depends on whether you represent the Plaintiff or the Defendant. And, the nature of the infringement allegations would give you insight regarding which documents to request. If you represent the Defendant, you should look to the elements of infringement ownership of a valid copyright and copying of protected elements of the work. So, the first document to request is the registration certificate, any assignments of the copyright, and copies of any contracts with the author that may give the Plaintiff standing to bring the lawsuit. If the work were registered after the alleged infringement, the Plaintiff loses valuable remedies statutory damages and award of attorney's fees. And, a prerequisite to filing an infringement claim is registration of the work. Next, I'd probably ask for documents related to damages. I would want to see if the alleged infringement caused the Plaintiff to lose sales. If I represented Plaintiff, I'd certainly want to see the Defendant's financial records to determine whether disgorging profits or statutory damages were a better remedy. Of course, every case will have unique facts. Thoroughly reading and understanding the complaint will help you determine which documents to request. Also, answers to interrogatories will help you discover documents that may not be apparent at the early stages. Hope this helps.... Read More

If a person is paying to attend such an event, in many states this meets the definition of prostitution. In addition, in some states it is illegal to have sex with anyone other than one's married spouse. In almost all locations, it is illegal to run a sex business without being specifically licensed to do so. A contract can never be formed to do something illegal. Therefore, this contract is most surely void.... Read More

This question is very specific to the facts and to the contract. Did the renter purchase insurance at rental? Was insurance included in the rental price? Was the damage covered under the insurance? All these factors come into play. If you paid by credit card, keep checking your statement, because such a bill is likely to show up there. It seems it would reasonable show up within one or two billing cycles. Read the rental contract. I assume you are the renter and that you are afraid to ask the rental company, for fear you may cause them to bill you. Such things can be tricky.... Read More

If this website is run by user generated content (UGC) similar to youtube, there is little that can be done. If the copyright holder sends the website a notice of infringement and the refuse to take material down, they could potentially have an infringement issue, however, until then, there is likely no liability.... Read More

This is at its core a trademark infringement. Your username is the name that you are known by and the name that differentiates your products from those of others. Use dictates ownership of a trademark in the United States, consequently, you could obtain both monetary damages and injunctive relief against the person using your trade name. If the trademark was registered, you could be entitled to three times your damages plus attorney fees. I am more than happy to consult on this matter.... Read More

Music is protected by two copyrights: one on the music composition and the other on the performance of that composition. It is possible for the composition copyright to have expired but the performance copyright to still be in existance. While much of the folk music genre is based on old tunes, a fair percentage of it is still protected.... Read More

I just saw that Martin Scorcese is using IndieGoGo to crowdfund a film about Roger Ebert. I have seen other films funded on Kickstarter. Before you get into crowd-funding, be sure you read and understand the rules and laws behind it. With crowd-funding, the money given is a donation, not an investment. Those that donate do not own part of the film. Rather, they are given some perk based on donation level. For example, they might be given tickets to the move, a copy of the movie on DVD, a poster, a day on the set, a role in the film, their name in the credits, etc. Another method is to get investors, but this usually involves following SEC rules and paperwork. For this, you need a qualified film financing lawyer to write and file the paperwork for you. There are other methods, such as getting a single knowledgeable partner who has lots of money, saving up your own money, racking up credit card debt. ... Read More

You have both a copyright infringement case and an invasion of privacy case. Your best bet is to contact an attorney as the site appears to be ignoring you. Your attorney will send out a "cease and desist" letter on his or her letterhead that the dating company can't ignore and then follow up with legal action if necessary. You can also contact the ISP that hosts the company's web site and file a complaint.... Read More

Assuming that eighteen is the age of majority in your state, I really doubt you could complete the process within two months. Just wait until you turn 18. While emancipation may seem exciting, it brings with it a whole host of responsibilities and obligations which can make life very challenging and sometimes very difficult.... Read More

There are many different kinds of lawyers and they all play different roles. The ethical rules provide a basic list of the required attributes of a lawyer. Those include competence, confidentiality, diligence, loyalty, forthrightness, lack of bias, lack of substance abuse, fairness, upholding peoples' dignity. These things will play out differently for different lawyers because there are so many kinds of lawyers dealing with things that are so very different from others.... Read More

This is the very kind of work I do and I would be delighted to work with you on this. First, I'd get you on track with formalizing your agreements with the band. Then, we'd probably form an entity that would handle the sales and distribution of the music. And we would work on copyright registration of your beats as well as the completed songs.... Read More

There are several other questions you should be asking first. For example, is the track title or singers name a registered trademark? If so you would likely need permission, unless your use falls into an exception. Also are the track or singer's name being used in a way that would be derogatory or dilute their value? If so it's likely a violation. In the end you should contact a qualified entertainment attorney who can obtain all the relevant information before giving you an answer.... Read More