New York Entertainment Legal Questions

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41 legal questions have been posted about entertainment law by real users in New York. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. All topics and other states can be accessed in the dropdowns below.
New York Entertainment Questions & Legal Answers
Do you have any New York Entertainment questions and need some legal advice or guidance? Ask a Lawyer to get an answer or read through our 41 previously answered New York Entertainment questions.

Recent Legal Answers

In general for copyright you need licenses for the use of music or the use of other's work. If you have guest, you may want to have a release signed by them. Finally, in regard to trademarks if you already use a logo or symbol you may have common law trademark rights already. However, the best practice is to register and conduct a clearance search. ... Read More
In general for copyright you need licenses for the use of music or the use of other's work. If you have guest, you may want to have a release signed... Read More
While it's tough to say at this point, your son and the producer may have a copyright infringement claim assuming the youtube video was viewed by man. Problem is that it doesn't sound like your son registered the music with the US government so it will make it more difficult to prove infringement and get the statutory damages that make a federal copyrigtht infringement claim worthwhile.  You might want to consider non-profit orgaizations that help new musicians in these types of situations. -Russo Law LLCwww.russolaw-llc.com... Read More
While it's tough to say at this point, your son and the producer may have a copyright infringement claim assuming the youtube video was viewed by... Read More
Your friend may have rights.
Your friend may have rights.

How much does sponsorship agreements cost?

Answered 10 years and 11 months ago by Robert Andrew Michael Burns (Unclaimed Profile)   |   6 Answers
That would vary from firm to firm. If you are in L.A. you'll probably find there the greatest expertise and competition.
That would vary from firm to firm. If you are in L.A. you'll probably find there the greatest expertise and competition.

I know of a gay porn company that does not provide STD testing for their actors, is that legal?

Answered 12 years and 7 months ago by Thomas Edward Gates (Unclaimed Profile)   |   6 Answers
Testing is not a legal requirement. The actors make a determination on whether they wish to work there under those guidelines. They can get testing on their own if they wish. If they are in compliance with zone laws then they may conduct business. Why is this such a big issue for you?
Testing is not a legal requirement. The actors make a determination on whether they wish to work there under those guidelines. They can get testing... Read More

I know of a gay porn company that does not provide STD testing for their actors, is that legal?

Answered 12 years and 7 months ago by Andrew Tyler Velonis (Unclaimed Profile)   |   6 Answers
I know of no law that requires an employer to provide STD testing, it is up to the individuals. Also, actors are typically hired as individual contractors, so they are technically self employed. Commercial activity in a home is a matter of local zoning laws.
I know of no law that requires an employer to provide STD testing, it is up to the individuals. Also, actors are typically hired as individual... Read More

I know of a gay porn company that does not provide STD testing for their actors, is that legal?

Answered 12 years and 7 months ago by Mr. Paul L. Whitfield (Unclaimed Profile)   |   6 Answers
I am not aware that gay porn companies have any rights. are you sure you know what you are talking about. Tell the police what is going on
I am not aware that gay porn companies have any rights. are you sure you know what you are talking about. Tell the police what is going on

I know of a gay porn company that does not provide STD testing for their actors, is that legal?

Answered 12 years and 7 months ago by Susan Marie Basko (Unclaimed Profile)   |   6 Answers
It all sounds illegal and you should call the police and make a report. If the company is in Los Angeles, also call the LA FILM Office. No one has a license to make porn films at their home, since a home would not be zoned for an adult sex business. When you make your reports, be sure to say your name must be kept confidential and may not appear on any paperwork. Do all you can to protect your own safety while you report this company.... Read More
It all sounds illegal and you should call the police and make a report. If the company is in Los Angeles, also call the LA FILM Office. No one has... Read More

I know of a gay porn company that does not provide STD testing for their actors, is that legal?

Answered 12 years and 7 months ago by Ronald A. Steinberg (Unclaimed Profile)   |   6 Answers
I have no idea. I guess you could contact the Health Department. Anyone who voluntarily participates in "risky behavior" needs to protect themselves; only someone naive would trust others to protect them.
I have no idea. I guess you could contact the Health Department. Anyone who voluntarily participates in "risky behavior" needs to protect... Read More

I know of a gay porn company that does not provide STD testing for their actors, is that legal?

Answered 12 years and 7 months ago by Stephen Douglas Lombardi (Unclaimed Profile)   |   6 Answers
A lawyer would need to know the state where the film company is licensed and where the film is being shot.
A lawyer would need to know the state where the film company is licensed and where the film is being shot.

Am I liable for the copyright of a downloaded movie even though I did not do it?

Answered 12 years and 8 months ago by Mr. Chase N Morinaka (Unclaimed Profile)   |   3 Answers
Those cases are very difficult to prove. But it's worth hiring an attorney just to take a look at it.
Those cases are very difficult to prove. But it's worth hiring an attorney just to take a look at it.

How many guns am I allowed to carry at 1 time with a concealed handgun permit?

Answered 12 years and 9 months ago by Ronald A. Steinberg (Unclaimed Profile)   |   6 Answers
No clue. Why? Isn't one gun better than several knives? Why not carry a hand grenade and wear a bomb belt?
No clue. Why? Isn't one gun better than several knives? Why not carry a hand grenade and wear a bomb belt?

What can I do about an online gift certificate with no expiration date and is now not being honored?

Answered 12 years and 9 months ago by Andrew Tyler Velonis (Unclaimed Profile)   |   1 Answer
Sue them in small claims court. You don't need a lawyer to do that, and once you file the papers they may offer to pay you up so that they don't have to go to court.
Sue them in small claims court. You don't need a lawyer to do that, and once you file the papers they may offer to pay you up so that they don't... Read More

Could someone press charges against someone else for hacking into a Facebook account?

Answered 12 years and 10 months ago by Mr. Thomas C. Bulman (Unclaimed Profile)   |   6 Answers
No.
No.

Can a cell phone provider be sued?

Answered 12 years and 11 months ago by Ronald A. Steinberg (Unclaimed Profile)   |   5 Answers
Get a lawyer to read the contract.
Get a lawyer to read the contract.

Can a small business owner sue Comcast for breach of contract if they cannot provide response for months?

Answered 12 years and 11 months ago by Susan Marie Basko (Unclaimed Profile)   |   12 Answers
This question sounds like you need to pay a lawyer to work with you on this. No lawyer can look at your complicated set of specific facts and give you an answer in an internet forum.
This question sounds like you need to pay a lawyer to work with you on this. No lawyer can look at your complicated set of specific facts and give... Read More

When can a minor not avoid a contract?

Answered 13 years and a month ago by Elyssia Musolino (Unclaimed Profile)   |   3 Answers
In California, a minor has the right to dis affirm their contracts at any time, either before the minor's majority or within a reasonable time thereafter. However, a minor's right to dis affirm a contract is inapplicable in two instances: (1) where a parent or next friend has executed a valid release to name, likeness etc (Pursuant to Cal. Civ. Code Section 3344) or; (2) when the superior court in California approves a valid contract (Cal. Family Code Section 6751).... Read More
In California, a minor has the right to dis affirm their contracts at any time, either before the minor's majority or within a reasonable time... Read More
Those celebrities control their right of publicity and if you use the video in the way you state, you are implying their endorsement of your business. To use it legally in this way, you would need to have a written agreement that specifically states how it will be used. If not, they can sue you for breaching their right of publicity, for damaging their reputations, and possibly for other things. It sounds like you actually tricked them, because they did not realize that what they were saying is business slogan. Tricking people is not good. Most professional athletes cannot endorse a product without their agent and lawyer carefully considering if this is a good move for them, career-wise and financially. It's worth asking, though.... Read More
Those celebrities control their right of publicity and if you use the video in the way you state, you are implying their endorsement of your... Read More
Whether your friend has any recourse depends on the law of right to privacy, also called right to publicity. In general, people have a right to prevent their likeness from being used commercially by others without permission. However, this law varies from state to state. It's not clear which state law may apply if the episode aired around the country. Additionally, there are instances where verbal permission may be valid. Your friend should check with an attorney familiar with the right of privacy (publicity).... Read More
Whether your friend has any recourse depends on the law of right to privacy, also called right to publicity. In general, people have a right to... Read More

Someone Famous Used footage from a commercial i own, for a music video. without our permission. What can we do?

Answered 13 years and 5 months ago by Nancy J Flint (Unclaimed Profile)   |   1 Answer
You say you "own" the commercial, does that mean you own the copyright in the commercial? Did you film the commercial yourself, or did you hire someone to make it for you? If you do own the copyright in the commercial, then someone else who uses a portion of your commercial could be infringing your copyright. However, you must register the copyright with the United States Copyright Office in order to enforce your copyright. You can find out more on how to register the copyright at www.copyright.gov. If you haven't already registered the copyright before someone started infringing it, then you are not entitled to ask for attorney's fees or statutory damages. However, you may be entitled to prevent further infringement. There are many facts that aren't clear from what you say that you should discuss with an IP attorney to see if you can stop the use of your commercial.... Read More
You say you "own" the commercial, does that mean you own the copyright in the commercial? Did you film the commercial yourself, or did you hire... Read More

I have been offered a co-publishing deal for 5 of my songs.

Answered 13 years and 6 months ago by Nancy J Flint (Unclaimed Profile)   |   1 Answer
Whether you want to enter into a "perpetual agreement" will probably depend on the other terms of the agreement. What is this publishing company going to do for you? Do they have any performance requirements? What if you enter this deal and they don't perform - if you do manage to get out of it and sign with someone else, does this publisher continue to get 50% of the publishing? You should consult with an attorney familiar with these agreements because there could be a lot more at stake than just publishing.... Read More
Whether you want to enter into a "perpetual agreement" will probably depend on the other terms of the agreement. What is this publishing company... Read More

What are an artists rights when it comes to being defamed by a promoter at an event?

Answered 13 years and 6 months ago by Jayne L. Sebby (Unclaimed Profile)   |   5 Answers
Based on the details you provided, you were contracted to perform at a certain place and on a certain day and time. Yu were present and ready to perform. The promoter is obligated to meet his side of the deal. If he failed to properly ascertain the terms of the venue, it's his problem. I'm not sure what you mean by making the equipment "unuseable" but if he deliberately did something to prevent you from meeting your side of the agreement, he is liable. As to whether he actually defamed you or this was just an unfortunate incident, check with a local attorney.... Read More
Based on the details you provided, you were contracted to perform at a certain place and on a certain day and time. Yu were present and ready to... Read More

Is she obligated to pay anyone else from the profits accumulated from her deceased motherโ€™s music?

Answered 13 years and 6 months ago by Susan Marie Basko (Unclaimed Profile)   |   5 Answers
The mother of the deceased man should consult with a good lawyer who knows about wills, trusts and estates. The man's music recordings and the underlying intellectual property, which are the song music and lyrics, are both considered valuable property that did or should have gone to someone in his will, if he had one, or in his estate. The lawyer who handled those things at the time could best help you. The mother should also speak with a music lawyer who works with small independent musicians and record labels, such as me. It would be important to register copyright on the songs and on the existing recordings, if they have not already been registered. A copyright search would be done. The man created those things, so he owned the copyright, and copyright usually passes to the family. The law in this situation will be a combination of estate law, to see if he left these things to anyone in particular, or if they have generally passed to heirs, and to copyright law. It is important to see first who has control over the materials is it the mother, the mother and children, the children or someone else altogether? One thing to consider is that unless the man was already quite famous and his work is already well-known, there is not likely to be any profit from his music. Most likely, this will become an important family memento, but not be a moneymaker. But if the man and his music were already well-known, the music released after death could be quite successful.... Read More
The mother of the deceased man should consult with a good lawyer who knows about wills, trusts and estates. The man's music recordings and the... Read More

How do I legally create a website where people can download music?

Answered 13 years and 7 months ago by Susan Marie Basko (Unclaimed Profile)   |   6 Answers
By "download," I assume the users will be downloading their own permanent copies of mp3 files, like itunes, except instead of paying per song, they would pay a set subscription fee. I can think of several ways this would work, but I would need to know more about your plans, your budget, your end goals. Therefore, I think the best thing for you is to make an appointment with a music lawyer and hash through some of these things. To implement any such plan will take a significant amount of money for legal work, as well as for marketing and website creation. A website that allows numerous ongoing downloads is going to cost good money to create and to run. My guesstimate, though, is that if you have $200,000, you could get it up and running legally.... Read More
By "download," I assume the users will be downloading their own permanent copies of mp3 files, like itunes, except instead of paying per song, they... Read More
It is not like recording a TV show from your TV because the copyright holder is transmitting the TV show for your use and you are allowed under federal law to make a single home use copy of the show. The folks who are uploading the music or video to You Tube have no right to do so most of the time and just because it is on the internet does not make it "public domain." Public domain is a very technical legal term for a work of art that has been around for so long that all copyright claims to it have expired. Currently that period of time is 70 years after the death of the authors). So the quick answer is it is likely not legal to do what you describe though it is also not likely that you will be sued for doing it either.... Read More
It is not like recording a TV show from your TV because the copyright holder is transmitting the TV show for your use and you are allowed under... Read More