New York Entertainment Legal Questions

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

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

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

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

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

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

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

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

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

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

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

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