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Entertainment Questions & Legal Answers - Page 9
Do you have any Entertainment questions page 9 and need some legal advice or guidance? Ask a Lawyer to get an answer or read through our 269 previously answered Entertainment questions.

Recent Legal Answers

What are the first three steps for starting a magazine?

Answered 12 years and 7 months ago by Jayne L. Sebby (Unclaimed Profile)   |   2 Answers
Check your local library for books on starting up and operating a business.
Check your local library for books on starting up and operating a business.

Can I publish "true" stories about my childhood without my family suing me for defamation?

Answered 12 years and 7 months ago by Theodore M. Roe (Unclaimed Profile)   |   3 Answers
First, anyone can sue for anything. The question is, can they prevail? If you have problems with the members of your family and you believe that they may sue to prevent release of the book you should obtain releases.
First, anyone can sue for anything. The question is, can they prevail? If you have problems with the members of your family and you believe that... Read More

Is it copyright infringement for referencing books in personal study?

Answered 12 years and 7 months ago by Susan Marie Basko (Unclaimed Profile)   |   3 Answers
I do not know links to be copyright infringement, particularly when you own your own copy of the Kindle book and are taking notes and making links for your own study purposes.
I do not know links to be copyright infringement, particularly when you own your own copy of the Kindle book and are taking notes and making links... 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 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 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 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 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.

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 would need more details about what you are talking about. Is your business a music venue and are you being forced by PROs, or performing rights organizations, to buy performance licenses? The main PROs are ASCAP, BMI, and SESAC, and to play their repertoire, live or recorded, in most venues, they require the venue to purchase their licenses. The licenses supposedly go to pay the songwriters and their publishers, with the overhead of running the PRO. If this is what you are asking about, yes, they can do this, since the songwriters have joined the PROs. One way to avoid such licensing and still have music is to contract with a company that licenses royalty-free music. Those companies provide packaged music that is fully cleared for use with no further payments. The companies often offer to select music suited for your business. Many chain restaurants, stores, airlines, and health clubs have such music. With such services, you are not getting the latest hit songs and you don't get to hear whatever you want. But you do get solid, good music for your business at one price, with no threats or hassles. I hope this answers your question. ... Read More
I would need more details about what you are talking about. Is your business a music venue and are you being forced by PROs, or performing rights... Read More

Is it copyright infringement if for my private study?

Answered 12 years and 7 months ago by Jayne L. Sebby (Unclaimed Profile)   |   3 Answers
Probably not as the copies are being made for educational purposes, which is permitted by the Fair Use doctrine. You already own the books so you're not depriving the rights owner of any income.
Probably not as the copies are being made for educational purposes, which is permitted by the Fair Use doctrine. You already own the books so you're... Read More

Is it copyright infringement if for my private study?

Answered 12 years and 7 months ago by Susan Marie Basko (Unclaimed Profile)   |   3 Answers
I think this is educational fair use. If you start making copies for others, it might infringe.
I think this is educational fair use. If you start making copies for others, it might infringe.

Is it copyright infringement if for my private study?

Answered 12 years and 7 months ago by John P Danelon (Unclaimed Profile)   |   3 Answers
Strictly speaking, any duplication of a copyrighted work is unauthorized. However, given that you own the works that you are copying, and that you are only using a small portion for your own use, there is almost no chance of you being charged with copyright infringement.
Strictly speaking, any duplication of a copyrighted work is unauthorized. However, given that you own the works that you are copying, and that you... Read More

Is it against the law to sell dirty underwear and/or mail them?

Answered 12 years and 7 months ago by Jayne L. Sebby (Unclaimed Profile)   |   2 Answers
Health Departments across the country and the U.S. Post Office will race to charge you with multiple crimes, unless you're mailing your dirty laundry to your mother to wash and return to you.
Health Departments across the country and the U.S. Post Office will race to charge you with multiple crimes, unless you're mailing your dirty laundry... Read More

Is it against the law to sell dirty underwear and/or mail them?

Answered 12 years and 7 months ago by Susan Marie Basko (Unclaimed Profile)   |   2 Answers
No, this cannot be mailed under USPS Code 346.212 Division 6.2.
No, this cannot be mailed under USPS Code 346.212 Division 6.2.
It would be trademark infringement to use the names and logos of other companies in advertising. Depending on how the trademarks are used, it make be able to avoid paying fines if it constitutes fair use under the comparative advertising exception. Kind in mind, this is an affirmative defense which does not allow prevail and will not prevent the trademark holder bringing suit.... Read More
It would be trademark infringement to use the names and logos of other companies in advertising. Depending on how the trademarks are used, it make be... Read More

Can we file a case if a local club is advertising that our band will be playing in their event even though we're not?

Answered 12 years and 7 months ago by Jayne L. Sebby (Unclaimed Profile)   |   4 Answers
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 More
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... Read More

Can we still use our band name after the singer quit the band?

Answered 12 years and 7 months ago by Jayne L. Sebby (Unclaimed Profile)   |   1 Answer
If the former singer created the group and came up with the name, he probably has some claim to it. However, if you all got together simultaneously and agreed upon the name together, you all have some claim. Legally, a name can't be protected by either copyright or trademark.
If the former singer created the group and came up with the name, he probably has some claim to it. However, if you all got together simultaneously... Read More

How can I avoid liability and be safe from law suits as a tour guide?

Answered 12 years and 7 months ago by Susan Marie Basko (Unclaimed Profile)   |   3 Answers
You should hire a lawyer to find out what licenses and insurance are required by the Bahamas. Most likely the Bahamas requires such businesses to be licensed and to be paying taxes of various sorts to the Bahamas. Also keep in mind that the Bahamas may not allow you to work there, or may not allow you to run a tourist business there. I suppose you would need a work visa from the Bahamas. Have you inquired into getting one? In most nations, even a short time of working requires a work visa. So that should be your first point of contact. Then there may also be licensing required in the U.S., since you will be getting your customers in the U.S. Depending on the state, there may be very strict requirements for a travel or tourism business. Some states require such businesses to put up a special bond, since there have been so many problems with fly-by-night tourism companies. You will really be operating a two-nation company, even for the first few trial runs. You will also need insurance. You need to check the laws of the Bahamas as well as of the U.S. states where you will be operating. Then you need to check with several really excellent insurance companies, tell them your plans, and buy insurance. You will probably want a lawyer to write up a waiver for you, but whether it will hold in the Bahamas as well as in the U.S. is so questionable. It is very difficult to make such waivers hold, especially when someone has died, been injured, gotten sick, or been left stranded. If you want to try out such work, one way to do this may be to check with existing companies in the Bahamas and see if you can get a job. Or check with one of those tour organizer companies and see if you can connect on up with them. The U.S. citizens that I have known who have run such tourism businesses have done so in U.S. states, such as Hawaii or Alaska, or in U.S. territories, such as Puerto Rico or the Virgin Islands, which are St. Thomas, St.Croix, and St. John. It may be significantly easier for a U.S. citizen to get proper licensing and insurance in the Virgin Islands than in the Bahamas. ... Read More
You should hire a lawyer to find out what licenses and insurance are required by the Bahamas. Most likely the Bahamas requires such businesses to be... Read More

Can I use audio/video recording of an interviewee without consent?

Answered 12 years and 8 months ago by Jayne L. Sebby (Unclaimed Profile)   |   3 Answers
No, you may not use the recording without written permission fropm the interviewee. It doesn't matter whether the final product was going to appear on YouTube, television, or a closed circuit system or whether it was commercial or noncommercial.
No, you may not use the recording without written permission fropm the interviewee. It doesn't matter whether the final product was going to appear... Read More

What is the curfew for minors?

Answered 12 years and 8 months ago by Susan Marie Basko (Unclaimed Profile)   |   2 Answers
Curfew is usually a local law. For example, if you are in Los Angeles, there is a curfew law that is part of the Los Angeles Municipal Code, or LAMC. Under the LAMC, there is a daytime curfew for people under age 18, and a nighttime curfew as well. The daytime curfew says that during school hours, those under 18 cannot be out in public, such as at streets, parks, eating places, public buildings, unless you are with parent, it is an emergency, you are going directly to your job, or going to the doctor. The law has more details than this, but I am giving the overview. The Los Angeles nighttime curfew for those under age 18 is 10 PM until sunrise the following day. If you live in a different city, you should check your local municipal code and ask about the curfew. Or you can call the police non-emergency number and ask about the curfew. Keep in mind that the curfew that applies is the one of the place where you are located. For example, if you live in a town where the curfew is later and you go into Los Angeles, you are subject to the 10 PM curfew while you are there. ... Read More
Curfew is usually a local law. For example, if you are in Los Angeles, there is a curfew law that is part of the Los Angeles Municipal Code, or... Read More

What can we do regarding a product idea that was stolen?

Answered 12 years and 8 months ago by Jayne L. Sebby (Unclaimed Profile)   |   3 Answers
Since he refuses to cooperate, you're going to need to take him to court. You will need to prove that he stole the majority of his product from you, that he did it deliberately, and that you suffered damages as a result. You can also challenge any patents or copyrights that he holds on the product.... Read More
Since he refuses to cooperate, you're going to need to take him to court. You will need to prove that he stole the majority of his product from you,... Read More
Yes, the Statute of Limitations for civil copyright infringement is three years from when the infringement is discovered, or should have been discovered with reasonable diligence.
Yes, the Statute of Limitations for civil copyright infringement is three years from when the infringement is discovered, or should have been... Read More

Can I use a TV character as a minor character in a youtube series?

Answered 12 years and 8 months ago by Jayne L. Sebby (Unclaimed Profile)   |   1 Answer
It is illegal to use another's intellectual property without permission. However, parody is an accepted Fair Use exception.
It is illegal to use another's intellectual property without permission. However, parody is an accepted Fair Use exception.

Can I email my friend? Is he required to respond or do we need a contract?

Answered 12 years and 8 months ago by Theodore M. Roe (Unclaimed Profile)   |   2 Answers
You can only release intellectual property rights, like the copyrights you hold in your photos through a written and signed document. Because you did not so release you can have an attorney issue a cease and desist letter to him.
You can only release intellectual property rights, like the copyrights you hold in your photos through a written and signed document. Because you did... Read More