Leisure Law Articles
Articles written by lawyers and expert witnesses worldwide
explaining the different aspects of Leisure.
March 16, 2017 By Carter Capner Law
Nobody likes to think about being in a plane crash when traveling. It does happen, and people should know what to expect if it does. Important information about what will occur after a plane crash is printed on a person's plane ticket. There will be information concerning what an airline is required to do by law in the event of such an event.
February 23, 2017 By Fasthoff Law Firm
A copyright infringement action requires a plaintiff to prove (1) ownership of a valid copyright, and (2) actionable copying by the defendant of constituent elements of the work that are original.
February 23, 2017 By Fasthoff Law Firm
There are numerous defenses available to a copyright infringement defendant.
February 8, 2017 By GVZH Advocates
Gambling, from a legal and policy perspective, has been consistently defined by reference to the constitutive elements of involving a monetary consideration, an element of chance, and a prize having some inherent value.
When someone is harmed during a game, practicing or preparing for a group get-together, the question many have is who should be responsible for damages if anyone. These accidents or instances of hurt are outside the professional world where those individuals have various others to provide care and assistance to resolve injuries.
In order to avoid disputes later, a band needs a band agreement which states how the band will divide their profits and which provides how decisions shall be made, how departing band members will be paid and the rights to use the band name after a break up or a band member departs. With the advice of a music lawyer, the right business entity can be chosen, and a music attorney in California can be utilized to obtain copyrights, and trademarks for the band name.
While sports provide an outlet for active children and help people of all ages stay in shape, sports can sometimes pose a significant risk when the people responsible for the sport do not take proper precautions to protect athletes and participants.
A writer who signs a literary agency agreement or a book publishing contract without having it reviewed and negotiated by a literary rights or publishing attorney risks not having any idea how the terms contained in a ten to thirty page publishing contract can harm them. Scams abound in the publishing world and writers need to be aware before they sign a contract that obligates them to pay to have their book published and to purchase their own books.
Artists breaking into the entertainment industry often don’t know whether they need a talent agency, a personal manager or an entertainment lawyer to represent their interests. While a manager can help guide their career and help them find a talent agent, some just use a personal manager, while others utilize a talent agent, a manager, and an attorney. The terms contained in talent agency contracts and artist management contracts, as discussed in this article, are different as are their roles.
The United States and Cuba marked another historic milestone recently when JetBlue Flight 387 sojourned from Fort Lauderdale, Florida, to Abel Santamaria Airport in Santa Clara, Cuba. Flight 387 was the first direct commercial flight between the two countries in more than a half-century. Six months ago, the two countries signed an agreement to re-establish scheduled air service between them, moving beyond the charter services that had been the sole direct flights for many years.
The daily fantasy sports (‘DFS’) industry has been a hot topic of debate in the United States market.
The daily fantasy sports (‘DFS’) industry has been a hot topic of debate in the United States market.
The government just denied a request from the music industry to change the royalty collection system. Here, we examine what's at stake and explain why change may be imminent.
The global fashion industry has emerged in the 21st century as one of the fast-growing and most dynamic economic sectors in the world.
Defamation (untrue statements that damage a reputation) is becoming more widespread as a cause of litigation, as the internet makes it increasingly easy for these messages to spread. Many new lawsuits pertain to false reviews of, or malicious attacks on, businesses. Yet as one lawsuit between two Hollywood heavyweights reminds us, "old fashioned" defamation still occurs as well - and spreads just as easily.
Would you like to know why the CBSA is not approving your NEXUS application? Would you like to know what the CBSA officer wrote about your secondary inspection? Would you like to know what is in your CBSA verification file?
When a jury found that Robin Thicke and Pharrell Williams' hit song "Blurred Lines" infringed Marvin Gaye's "Got to Give it Up," the world was shocked, and the music industry panicked. Here, we explain why the year Gaye's song came out was a major factor in outcome - and why, if it had been written only a short time later, the verdict may have been different.
The Denver Post recently reported that applications for concealed carry permits have skyrocketed in Colorado this year. Some say this is a response to mass shootings, like the recent tragedies in Paris, San Bernardino, Colorado Springs and Orlando, others argue that this kind of increased access to weapons is part of the problem. Regardless of how you feel about guns, Coloradans should know what the rules are in our state.
In the 1930’s smoking was seen as the “in” thing to do. Social and economic pressure was such that no-one knew or cared about the consequences of smoking. This was also true in the 1950’s and early 1960’s. Romania allowed this until recently.
"There are many harsh lessons to be learned from the gambling experience, but the harshest one of all is the difference between having Fun and being Smart." -Hunter S. Thompson
Similarly to prior years, we have a beautiful Indian summer in Poland which brings changes to our copyright law. On the 11th September 2015, the Polish Parliament passed a new legal act, which introduces some significant changes into the Polish Copyright Act. Some of them, were required by the European law; other ones were intended to meet expectations of members of the Polish domestic legal market. This article will present the most notable, newly introduced, amendments.
A new pot resort in South Dakota will be opening up soon on tribal land, despite the fact that pot is not yet legal in South Dakota.
The Bangladesh Hotel and Restaurant Act 2014 has been passed in the parliament with some new provisions in November 2014. The Bangladesh Hotel and Restaurant Act 2014 has replaced the Bangladesh Hotel and Restaurant Ordinance, 1982. The ordinance was made during HM Ershad’s military regime in 1982. The ordinance became invalid as the High Court ruled that HM Ershad’s takeover of state power was illegal.
Egypt in its accelerated movement towards economic reform has been emphasizing the importance of real estate development projects and large scale projects in order to restore the market and economy after its decline post Revolution of 2011.
Timeshare contract could be a real nightmare for those who did not take proper precautions due to unreasonable terms and obscure clauses with outrageous penalties and overcharges; fortunately Mexico has developed a robust legal regime to prevent abuse related to timeshare services and provide remedies for those affected by illegal practices.
Until fairly recently, Prohibition-era laws have governed the liquor industry in California. As a result of amendments to these laws, craft breweries are now allowed to offer tastings and sell beer to customers. At present, however, distilleries of liquor can hold tastings, selling quarter-ounce samples, but still cannot make a direct sale of larger amounts to their customers. That is about to change if the Craft Distiller’s Act of 2015, AB 1295 passes and is signed into law.
In the United States, every child is entitled to a free public education. Additionally, having a disability triggers additional protections under law for primary and secondary students. Likewise, once a post-secondary student identifies as having a disability, he or she is entitled to additional rights.
How to handle a New York liquor license when not operating.
As more people move into cities, the popularity of self-propelled vehicles is on the rise. Millions of Americans ride bikes to work or school every day in every one of the United States. Others ride recreationally. Whatever the case, it is important for these bicyclists to know the laws affecting the safe use and operation of their human-powered vehicles before taking them out on the roads and sidewalks.
Since the rise of the Internet, the illegal sharing of music, movies, and software have been an ongoing concern. Still, not every peer-to-peer network for sharing various forms of media is illegal, and some companies have even found it desirable to begin distributing materials in this fashion. So, when is it legal to download music, movies, or software via torrents on the Internet?
The California Homemade Food Act which went into effect January 1, 2013 has created a new category of food production called a cottage food operation. To qualify for a permit, aspiring food manufacturers need to attend a food safety class, pass an exam, learn how to label foods, pay a fee and submit to inspections. They can’t smoke or keep pets in their kitchens, certain hazardous foods are prohibited, and there is also a revenue limit.
Transactions inside Russia with the use of international payment cards will be processed within the Russian National System of Payment Cards (NSPC)
California legislators plan to introduce a bill to eliminate the personal belief exemption which allows California parents to refuse to vaccinate their children. Two U.S. senators also want to eliminate the religious exemption. Whether either change is enacted, daycare facilities who fail to protect others from unvaccinated children and parents who fail to vaccinate their children risk liability for any injuries or deaths caused by their child’s spread of the highly contagious measles virus.
In the past lawyers for the hospitality and entertainment industry, for restaurants, hotels, festivals, events, and attractions in California handled matters such as food safety, contracts with entertainers, alcohol regulations, or injuries on hotel properties. Hospitality and entertainment lawyers in places like Palm Springs today must also seek to protect guest confidentiality and safety at live music pool parties, film and music festivals, major sporting events and more.
In the aftermath of the horrific and deadly attack on the offices of Charlie Hebdo in Paris on January 7, 2015, we examine why parody and satire are cherished forms of free speech and how they are protected by U.S. and U.K. law. When an aggrieved target of satire or parody sues for defamation, or a copyright holder sues when their work is contained in a mashup, can parody, satire, or fair use be utilized as a defense by an attorney? In the U.K., it will help if the parody is funny.
The right of publicity is the right of every human being to control the commercial use of his or her identity. When that right is infringed, the individual’s publicity rights have been violated. The right of privacy is the right not have your name or likeness appropriated by another without your permission, your privacy intruded, your private information to be made public, and to not be placed in a false light. In California, damages can be pursued by an attorney for these infringements.
The client who creates a comic book character and goes on to develop a character that can be licensed to third-party publishers, to the film and television industry and to the interactive game industry, isn’t simply creating content. They’re creating intellectual property the ownership of which needs to be carefully protected so all the revenue streams from that content can be potentially licensed and controlled by the comic book creator and his or her company.
On September 16, 2014, California’s new bike law went into effect requiring motorists to give bicyclists three feet of distance when passing a bike rider. Since the law passed, bicycle collisions continue to occur. Motorists are likely to be cited for breaking the three feet law only if a deputy witnesses the accident. With the initial publicity of the law fading, many drivers remain unaware of the law. And bicyclists will need to continue to look out for drivers coming too close.
It’s time to give personal injury lawyers a tort that can improve the lives of people at Christmas. How long are family members going to suffer at Christmas after being served dishes that should have stayed in the 50's, for lies told to them by their parents, and for Christmas traditions they never agreed to take part in, without being able to obtain some type of relief for the distress, the stomach pain and heartburn they’ve endured? Well no more. It’s time for the Christmas Tort.
In January 2015 the Treasury Department issued regulations to establish banking relations and allow U.S. companies to export items for sale in Cuba without the trade barriers that have existed for decades. While some Republican leaders have criticized Obama’s actions, normal relations with Cuba are only a matter of time and the opportunities for attorneys representing American and European companies wishing to pursue commercial opportunities in Cuba have never been greater.
On Requirements Set by the European Federation of Pharmaceutical Industries and Associations (EFPIA)
Starting in 2015, the pharmaceutical companies - EFPIA members shall comply with the requirements regarding the disclosure of information on the transfer of value to Healthcare Professionals and Healthcare Organizations.
Writers often express their views on blogs or forums. With the advancement of laws, anyone who writes articles, must be cautious of consequences of doing so. This is a Malaysian perspective.
A basic insight into the laws of technology and communications in Malaysia.
One of the issues in negotiating director agreements in television is whether contingent compensation provision applies in situations where a director is pay or played off a film. The question becomes will the director be entitled to any portion of the negotiated contingent compensation since she has been terminated and is no longer with the project.
Following the announcement of the signature of a bilateral Memorandum of Understanding between Malta and Alderney between the Malta Lotteries and Gaming Authority (LGA) and the Alderney Gambling Control Commission (AGCC) on the 9th October 2013, several operators await further details about the MoU with some anticipation.
Contracting in sensitive Muslim countries where western culture may not be well perceived may create legal obligations and precedents which must be strictly adhered to to prevent contractual breaches. A Malaysian perspective.
By BCH Lawyers
Although the doctrine of precedent does not underpin the Portuguese legal system, there are some (extraordinary) cases where the Portuguese Supreme Court of Justice rules upon a certain subject matter and makes a decision that may be seen as having a “stare decisis” nature.
After reports of domestic spying surfaced, and the possibility that drone aircraft might be used to carry out surveillance of Americans, many reacted violently. This led to what was initially considered an absurd suggestion that “drone hunting” should be legalized. However, several jurisdictions have actually made movement in the direction of issuing permits to shoot surveillance aircraft out of the sky.
Prom, homecoming, and other formal dances are rites of passage for millions of American youth. So, it is perhaps surprising to many that such an activity may be regulated by the law, but in many jurisdictions it is. And, we are not talking about exotic or belly or other suggestive types of dancing. These laws apply to any kind of dancing, including the stuff your grandparents were doing. So, what are some of the more unusual laws against dancing?
Following the terrorist attacks on 9/11, the U.S. federal government enacted a number of measures meant to combat the threat of terrorism on American soil. Among these measures was the implementation of the No Fly List, created and maintained by the Terrorist Screening Center (TSC). Often the subject of jokes in TV shows and movies, many wonder what it really is and how it works. So, how does the U.S. No Fly List actually work?
It is not uncommon, particularly around the holidays, for children to visit family members in other states. Sometimes this means taking a flight. But, for many families, it is just not financially feasible for a parent to accompany the child on the flight. So, what are the laws and rules regarding when children can fly alone?
A liquor license is, as the name implies, a license for the service of alcohol. But, many have referred to the procurement of a liquor license in almost reverent terms, as though it is a rare prize. So what is a liquor license and why is it such a big deal to have one?
Many have wondered whether body paint is sufficient covering to be considered clothing such that a person could not be arrested for public nudity. This question becomes popular particularly around holidays like Halloween, but has often come up with relation to art projects, political protests, and even sporting events. As with so many things in the law, the answer is unsatisfactorily vague.
Whenever one engages in sports, there is always an inherent risk of injury. Most athletes accept this risk as part of the game. Most injuries are accidental and relatively minor, like sprains, twists, and the occasional bone break. But what happens if an injury occurs as a result of a deliberate hit or someone acts so recklessly that injury is almost certain to occur?
Many professional athletes over the last two decades have been subjected to humiliation and ridicule after it was revealed that they used steroids to gain a competitive edge. From the Olympics to cycling to professional baseball, it seems no high level sport is safe from the use of such banned substances, a practice often called “doping.” But why are steroids illegal?
Lack Of Complete Diversity Of Citizenship Of Members Of Equine LLCs Requires Dismissal Of Federal Action
The issue of diversity of citizenship is of particular interest to equine ownership and contract disputes, because many equine-related entities are organized as limited liability companies (LLCs). The citizenship of LLCs is subject to a different rule than the citizenship of corporations, a distinction that may escape the attention of attorneys.
Many states have small casinos associated with a Native American tribe. This often leads one to wonder why casinos are legal when associated with an Indian Tribe, but not under other circumstances. Which laws apply to these Indian casinos, as they are often called, and how are they regulated?
Graffiti is an unusual topic in the art world. Several artists have become iconic for their graffiti art works, like Keith Haring and Banksy. But how does the law deal with the debate between free expression, art, and the crime of defacing others' properties?
Like virtually every other activity Americans engage in on a daily basis, even video games are subject to the restrictions and protections of the law. This is also an area of increasing interest as hundreds of new companies come into the video game market every year by developing the wildly popular game apps played on mobile phones and tablet devices.
What happens when famous pieces of art are stolen and law enforcement leads run dry? Private recovery agencies are called upon to bring back these multimillion dollar masterpieces, often taking years to track the work, earning staggering fees, and blurring the line between legal and illegal activities.
Gambling is restricted in America, though its popularity is increasing. Laws regarding gambling are important not only for those involved with gaming operations, like casinos, bingo, or poker tournaments, but also for the average person who wants to know whether he can legally start a betting pool among his friends or at his office, has an idea for a new business model involving some form of chance, or if he can legally participate in an online poker tournament.
Millions of Americans engage in creating fantasy football teams. It can be a fun way to add an extra layer of enjoyment to the season and, for some, to add an extra investment in the fan's favorite players and teams. While most fans only worry about who they will start on their fantasy team on Sunday, if their league has an entry fee or awards prizes, they may be engaging in illegal activity.
The question whether someone is the copyright holder of a film is answered by the Copyright Act and within that framework by the general principle of creativity.
Americans have a non-explicit right (often called a “penumbra right”) to privacy. We find its origins in things like the right against self-incrimination, the right against illegal search and seizure, etc. In the modern era, the general nature of a right of privacy is the right of a person to be free from unwarranted publicity or the unwarranted appropriation or exploitation of that person's image, voice, or likeness.
The world is shrinking, businesses have gone global, and changes at all corners of the world equally affect each other contributing to dynamic and at times volatile global economy. In such a scenario it is not surprising that there will be legal needs across companies which has branches in multiple locations and needs a uniform service and representation everywhere.
How can you protect your assets against creditors as a film maker?
Almost twenty years have passed since the enactment of Law 8 of 1994, which until the end of the year 2012 regulated tourism investments and incentives in the Republic of Panama. This body of law responded to a national strategy and a master plan oriented towards promoting tourism related investments in Panama.
Beijing and Shanghai will allow 72-hour transit without visa for Citizens from 45 Countries from Januanry 1st, 2013.
Malta’s position within the financial services, gaming and aviation sectors, is further bolstered by the newly introduced 15% flat tax rate on; income derived from employment in Malta, by persons not domiciled in Malta and working in either of the ‘eligible offices’ as defined by the HQP Rules. With a minimum annual tax payable of € 11,250, equating to a 15% tax rate being applied to an income of € 75,000, tax planning has become a lot simpler.
This article summarises the legal remedies available to both Turkish and foreign players for the collection of their receivables in Turkey.
Advice for parents on keeping your son safe during football season. When your kid heads out on the football field, you want to know that you have done everything in your power to keep him safe. One of the areas that parents have a lot of control is in the gear their boys wear on the field. Make sure that your son has everything necessary to protect him from injury.
The Higher Regional Court of Cologne recently ruled that if an artist transfers a publishing company the right to publish his/her work in a certain book project (in this case a coffee-table book by photographer Helmut Newton), where there is no express agreement to the contrary, the publishing company cannot prohibit the use of the same images by the artist or by another publishing company (e.g., on the Internet).
A French court recently fined an individual €150 for pirating two music tracks. A French court recently fined Alain Prevost €150 for pirating two tracks by the artist Rihanna. The irony is that it was actually his wife who had downloaded the tracks without his knowledge. Unfortunately, Prevost found himself targeted by this action because he was the bill payer for the internet connection through which the songs were downloaded.
Two men who who jetted from New York to Fort Lauderdale to board Royal Caribbean's Liberty of the Seas cruise ship to Jamaica last week, but their vacation took a twisted turn when they found themselves locked away in the cruise ship's brig, accused of raping a young woman.
On the 11th July 2012, the European Commission presented a draft bill aimed at the elimination of music piracy as well as strengthening copyright protection for music. The main target of this bill is to ensure that companies managing music rights would pay royalties to the artists they represent in a shorter timeframe.
“Electronic Arts” (EA), best known for the FIFA series and the recent smash hit series Mass Effect has recently chosen to sue the Facebook media giant “Zynga” for copyright infringement. In the digital gaming industry, also called the video game industry in most parts of the world, the most important asset at one’s disposal is intellectual property. This stands as the basis for a series of successful products whenever a particular franchise takes off – as well as a lot of profit.
The summer travel season is fast approaching, and many foreign citizens are making plans now to visit the U.S., but they won’t be going anywhere without the necessary immigration compliance preparations. Generally, the “necessary preparations” would include obtaining a tourist visa, but it is possible to avoid the paperwork, fees and waiting associated with this step if you are an eligible citizen of a country that is enrolled in the U.S. visa waiver program.
The warmer weather and sunny skies of spring have arrived in the U.S., opening the gates to tourists from around the globe, but one group of tourists should be especially mindful of the legal hazards of visiting the U.S. If you are a foreigner engaged to a U.S. citizen and living abroad, then your petition for a K-1 visa will establish your intent to marry an American citizen and stay here permanently.
The overwhelmingly common theme to the reports of Lord Hodge’s ruling in the ongoing Rangers administration case was that he refused to give any directions: the BBC’s “'No ruling' on Rangers administrators' Ticketus challenge” was pretty typical. In fact, the court provided a careful and useful analysis of the law and, in particular, highlighted once more the dangers of failing to appreciate that the Scottish and English jurisdictions, laws and legal traditions are quite separate and distinct.
It is the job of the entertainment industry to provide the general public with a source of entertainment. Unfortunately, the methods employed to do so are not always received well, and sometimes entertainers and media moguls can be sued for the risks they take when providing entertainment to viewers and listeners throughout the U.S.
Title IX was enacted to prevent discrimination on the basis of gender in educational institutions. The law requires that a school, once it learns of a sexual assault, should effectively investigate the incident, eliminate the risk, and remedy the harm to the student whenever possible.
The reason that SOPA garnered so much attention was largely due to vague language that seemed to provide the government with a very wide scope of power to shut down websites and block access. While the possibility of restrictions may have looked like censorship to a public used to a laissez-faire approach to internet access, the main targets of SOPA were primarily foreign websites that hosted libraries of pirated content.
The tax benefits of Law 158-01 may extend to the purchase and acquisition of Dominican Republic real estate such as second homes and vacation villas of projects located in designated tourist zones.
A Pennsylvania law to ban texting while driving statewide has been passed and will soon go into effect.
Corporate law attorneys are required in a number of aspects of a business and business affairs. Legal orders may sometimes require you to necessarily incorporate a new company to make sure that the correct paperwork is filed with adequate governmental requirements.
A recent vote take by the European Parliament (EP) resulted in a report causing a shift towards a more commonly adopted approach to issues arising from online gambling.
Canada is the foremost foreign destination for expanding franchises and a preferred entry point for cross border franchisers, especially for those seeking to enter the North American market. With high per capita personal incomes, a stable and reliable economy, and a sophisticated consumer culture, many franchisers find Canada to be an opportunistic and rewarding market. However the Business Franchise Law in Canada is too stringent and hence seeks attention.
After several brawls and other instances of violence resulting in personal injury at sporting events in California, new rules for attendants have been issued at stadiums throughout the state, and officials are discussing creating harsher penalties for offenders, explains a local attorney.
Under U.S. Patent law, inventors and other individuals substantively involved with the preparation and/or prosecution of the application, such as assignees and patent attorneys, have a duty to disclose to the U.S. Patent and Trademark Office (USPTO), information which is material to patentability of the claimed invention.
Each year, millions of people visit Yosemite National Park in California. While some come to see the cascading waters of Bridalveil Fall or Vernal Fall, many come to make the nearly 9 mile trek to Half Dome. Making the final 400-foot ascent requires that hikers use cables to climb the rock, a dangerous feat that has resulted in numerous fatalities and even more cases of personal injury over the years.
Traumatic brain injuries (“TBIs”) among young athletes have garnered increased attention recently, due in large part to a growing awareness in the medical and athletic communities regarding the prevalence and potentially devastating effects of head injuries in youth sports.
It is well accepted in most jurisdictions that participation in sports activities involves a certain assumption of risk. That assumption of risk however, may not bar an injury claim where there is some reckless disregard by the person that causes the injury.
Until a few years ago, a mobile phone consisted of a handheld device which enabled a subscriber to make and receive voice calls whilst mobile, as opposed to accessing the public telephony network from a fixed location. As technology progressed, however, both in terms of the handheld device, and in terms of the transmission capabilities on mobile networks, the mobile phone became a ‘smarter’ device, combining voice services with e-mail, fax and/or Internet access.
Whilst much has been said and written both for and against the removal of barriers to the free movement of gaming services within the European Union, anyone trying to get to grips with understanding how remote gaming is regulated within the EU is bound to have a tough time in digesting the variables involved - not to mention the legal “black-holes” created by the inter-jurisdictional structuring of operators’ affairs, with different laws applying in each of these jurisdictions.
Independent film financing and tax credits are linked and play a huge role in making a successful film. Understanding where these credits are and how to obtain them is vital. Dunlap, Grubb & Weaver, experienced entertainment lawyers can help with this. This article lists the credits available in the United States by jurisdiction.
By Amaris Law
With the promulgation of the Regulation on Travel Agencies as of February 20, 2009 (“Regulation”), China has opened its doors to the foreign investors in the tourism business. However, the door of outbound tourism business is still firmly closed to the foreign investors. This Article will discuss the way to promote outbound tourism by setting up foreign invested travel consulting company in China.
This article discusses how to invest in the gambling business in the Democratic Republic of Congo.
Here are some things to think about when you are hiring a literary agent to try and sell your manuscript to book publishers.
A recent decision by the Southern District of Florida in Forman v. W. Allen Morris clarifies the scope of copyright protection that is available when identical language is protected by a registered copyright in one medium but is then infringed in another. See Forman v. W. Allen Morris, 2010 U.S. Dist. LEXIS 67434 (S.D. Fla. July 6, 2010).
A recent decision by the United States Court of Appeals for the Second Circuit in Penguin Group (USA) Inc. v. American Buddha may make it easier for New York plaintiffs asserting copyright infringement over the Internet to haul infringers into court in New York.