Florida Entertainment Legal Questions

The type of lawyer you need depends on the matter. As a musician, if you are composing music, then you will need legal advice regarding copyright, licensing and possibly trademark. Even if you are performing other people's work, you need to understand what licenses you need to perform and what rights you have in the performance. If you are making music videos, then you need to have the proper releases/licenses.  Regardless, you should have a lawyer look over anything that purports to deal with rights, royalties, fees or other contractual matters.... Read Answer

That term will be defined in the contract. This is a very slippery area that is still being developed. Among the things to consider- territorial rights, other media, payment for the rights, and your rights to republish/link, etc. Absent examination of the contract, it is impossible to give a specific answer.... Read Answer

Did you engage the photo company to take a picture of your child? Often, the fine print of photographer's contracts give them the right to use images in their advertising. Otherwise, if no release was obtained for the use of the photograph, you have a right of privacy and can send a cease and desist letter to the photo company. ... Read Answer

Just based on what you’ve said is your goal, this can be done in the recording contract.  However, I will severely caution against drafting this on your own if you aren’t an attorney.  It is very easy to overlook a necessary provision or leave ambiguity where detail is needed.  Make the investment and have an attorney draft the agreement.  Also, you say “your artist” – with that, I’m assuming you are the manager.  If you don’t have a management agreement in place, I would suggest you have a one drafted and in place as well.... Read Answer

The main hurdle I see is that the game company owns the trademarks on the name, characters, and images, as well as copyright on characters, images, and other elements. If you want to run a tournament legally, you need to be working with the game company on it. At that point, your lawyer and their lawyer will figure out the particulars of how it can be done. This is why most game tournaments are done locally, quietly, and among friends only. Whenever you try to make money off the use of someone else's intellectual property, you are going to run into complications. However, do not let this stop you from contacting the game company and trying to make a go of it. They may warmly welcome a partnership with you. If you have a website and the means to run an online tournament and have the ability to gather players, many game companies would consider you quite an asset.... Read Answer

The companies have the right to control their trademarks, which often include their names. Also, a lot of companies like to keep their addresses and contact information closely held so that they are not bothered by people who waste their time or endanger them. If you do make such a directory, please be decent and have your own contact information posted so that if people want their listing deleted, they can easily contact you. Then make deletions easily and quickly.... Read Answer

Do not write the contract yourself without a lawyer doing it for you. In general, whatever the two parties decide is a binding signature is one. So part of your contract is going to state that you both agree that whatever form you agree on for the contract will make it binding and admissible as evidence. The purpose of a notary is that the notary checks the person's identification to be sure it is actually the person signing. That can then be scanned and sent back as a pdf. The signature then also contains the notary's signature and license number. This is one level of being sure you are dealing with a real thing. The current list of California-licensed notaries is available online. If you have any doubts if you are dealing with the actual person, having a notary is nice. If you have any doubts, deal with the person's lawyer. And have your lawyer handle the transaction.... Read Answer

Get an attorney to immediately send a "cease and desist" letter to the club owner and insist on both removal of all promotion featuring your band as well as a public announcement that you won't be appearing. If the owner refuses, head directly to district court for a temporary injunction followed by a suit against the owner. Your damages are much larger than the fee you mention. The club owner is deliberately commiting fraud as well as harming the band's good name and using your names and likenesses without permission. Be sure to post a notice that the band will not be performing at this event on your own website, social media, etc. And contact any media outlet that promotes oreven mentions the concert to let them know the band won't be appearing.... Read Answer

I do not understand all the details here. Let me see if I have this correct. Were you posing for nude photos that he would use and doing that as a form of compensation to him? And in exchange, he was going to work as a photographer for you for your website? In other words, was he exchanging being able to exploit photos of you as compensation for working for you? But that deal was oral and not in writing? The photographer may own the copyright to the photos, but you own the right to your image, which cannot be used without your permission. Hire a lawyer to send him a letter and have him delete all copies of the photos and never use them. Then keep your eye out to see if he is showing the photos. If anyone is considering posing for nude or compromising photos or videos, they should have a lawyer involved. Getting such photos or videos can harm or outright destroy your career or jobs for many years. It can change your whole life, and usually for the worse. ... Read Answer

This question require a great deal more details than afforded on a Q&A website. First, you are highly restricted in sending advertising messages as part of an SMS without direct consumer consent. Just because your clients may permit it, does not make it compliant under FCC regulations. Second, assuming you can run the sweepstakes promotion on your SMS system, the key question would hinge on who is making the payment. If your clients are using the system to enable usage by their customers then its possible that an analysis would show that now "entry fee" would be required of the customer. If your clients' employees are entering the sweepstakes, it's possible that there is an entry fee. There are just too many variable to determine if your plan is legally permissible.... Read Answer

You must purchase performance/broadcast rights for the music you wish to include. Otherwise you are asking fort a lawsuit. You can approach ASCAB, BMI or SESAC for such rights. They collectively license rights to music. When purchasing the mp3 or CD you are only licensing the rights for personal listing. Those rights do not include using them in a movie to be performed or broadcast to others.... Read Answer

If you did not have a written agreement, then the answer would be simple. However, you gave the photographer permission to use the photographs and unless there is something in the agreement that allows you to terminate it, this could be more difficult. This is further complicated by the fact that a minor is involved. Most states (including Florida) have right of publicity laws that prevent the use of a person's likeness by another for commercial purposes without permission. Here, you gave permission for use of your child's image. However, you should consult an attorney because Florida law provides for the disavowal of contracts made by minors or guardians of minors under certain circumstances. Check out Florida Statute 743.08  Removal of disabilities of minors; artistic or creative services; professional sports contracts; judicial approval, which can be found at http://law.onecle.com/florida/domestic-relations/743.08.html.... Read Answer

If there is a written agreement, there could be terms that allow your son to terminate the contract . You need to consult an attorney who is familiar with contract law to determine this. Otherwise there may be other grounds that allow the contract to be terminated, such as fraud, fraud in the inducement or breach of the implied duty of good faith and fair dealing. The lawyer should be able to advise you if he can record and use his name except under the contract.... Read Answer

There are a number of representatives who can help a playwright, and who best suits you will depend on whether your plays are for live stage performance or scripts for filming. If you are writing plays for live performance, you should check out  the Dramatists Guild at www.dramatistsguild.com. This is a professional association for of playwrights, composers, lyricists and librettists who write for the live stage. There are other professional associations for screenwriters that you can find by searching on the Internet. These organizations can provide information that help you find an agent.... Read Answer

There is good news and bad news. The bad news is that the creator of a "work of authorship," like a photograph or video, is the owner of the copyright in the work - even if you paid for it. While there are exceptions to this, from the facts you stated it does not sound as if they would apply. Regardless, unless your wife was the photographer's employee (which I don't think from what you say is the case), you would have to have a written agreement with the photographer for you to own the rights in the photographs/videos. However, while you may not own the copyright in the photographs/videos, the good news is that photographer may be limited by your wife's "right of publicity" from using photographs/videos with her image for commercial purposes without her authorization. The "right of publicity" varies from state to state so you need to consult an attorney in your state (or wherever he is threatening to use them) to see if your wife can prevent this use. You may have another problem, however, which is the statute of limitations. You say that he put the DVD out in 2005, so you waited 7 years to complain. You will have to find a state with favorable right of publicity laws where the statute of limitations has not run.... Read Answer

These types of lawsuits are very common on the entertainment industry. You would have to prove that whoever you disclosed your idea to either did not come up with a similar idea on their own or got a similar idea from someone else who did not get the idea from you. Factors that will come into this is how similar the ideas are and the proof you can bring that your idea was actually copied. If you have a written agreement from the time you disclosed your idea, check the terms. If not, you can fight them, but be prepared for an expensive legal fight if the show is very successful. ... Read Answer