Leisure Law Articles

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.

While it may seem exaggerated, experts and studies say divorce can spread just like a disease through social groups. But are there social and seasonal patterns that could affect the future of your marriage?

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).

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.

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.

“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.

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.

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 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.

A proper understanding of the various federal, state and local government licensing and regulatory regimes in the Hotels, Hospitality and Tourism markets in Nigeria is critical to the execution and substance of a viable business plan in any of these sectors. This Legal Alert is our contribution to your achieving this objective. - Legal Alert – April 2012 – Hotels & Tourism Licensing and Regulatory Regimes

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.

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.

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.

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.

The Money Laundering (Prohibition) Act 2011 provides for comprehensive provisions to prohibit the financing of terrorism, the laundering of the proceeds of a crime or of any illegal activity. This Law further provides for a wide range of penalties and expands the scope of the supervisory and regulatory authorities in Nigeria to combat money laundering offenses. The fact that a money laundering offense was committed in different jurisdictions or different parts of the world is no longer relevant.

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.

On July 5, 2011, a decision was reached in People v. Terry Vangelder (2011 DJDAR 9949). The ruling seems to afford a defendant with large lung capacity and a low hematocrit the right to introduce evidence of these characteristics to show his blood alcohol content may be significantly different (lower) than what a breath machine calculates in a roadside DUI test.

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.

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.

You are a publisher of traditional hard copy content (newspapers, books, graphic novels, magazines, photographs) and your materials are in demand to fill the digital pipeline created by numerous web-based and mobile applications. Or, you are a media agency or corporate brand manager seeking to extend your footprint into the online space. You are eager to have millions of new eyeballs accessing your treasure trove. Your software developers are on board, ready to digitize.

At what point in time is a copyright application considered to be “registered” so that the owner of the copyright can sue for damages under the U.S. Copyright Act of 1976? Is it when the copyright holder’s application is received by the Copyright Office (the “application approach”)? Or is it when the Copyright Office issues a certificate of registration (the “registration approach”)?

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.

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).

Here are some things to think about when you are hiring a literary agent to try and sell your manuscript to book publishers.

Nationwide, tax incentives for films typically take on one of three characteristics: (1) tax rebates, (2) tax credits, or (3) a hybrid of rebates and credits. Utah incorporates some form of each popular tax incentive available. Utah offers a hybrid of tax rebates and credits for qualifying productions. The state currently offers productions 20% maximum on dollars spent in Utah, which they term “dollars left in the state.” The new bill will increase this amount to 25%.

Often we are asked by clients, if there are other jurisdictions than Isle of Man, Gibraltar, United Kingdom or Malta to access the international gambling business. Let's have a closer look on these jurisdictions.

Defending against copyright infringement.

Ukraine is rather unexplored tourist land: though being the 12th most popular tourist country according to the United Nations World Tourism Organization (UNTWO), Ukraine remains almost unknown to foreigners. Most of about 20 million visitors who come to Ukraine every year are from CIS countries.

Music publishing and music production constitute two separate aspects of the music industry and two separate revenue streams.

Will Section 181 permitting a 100% federal tax write-off on film investment be renewed?

This case serves as a warning to any advisors that receive commissions paid by promoters to avoid potentially conflicting situations regardless of their confidence in the shelter. And perhaps more importantly, advisors should hold themselves to the highest fiduciary standards in all cases, even if their relationship with the donor is more fleeting thatn was the one between the Lembergs and Mr. Perris.

Whether you’re a kid playing football or a professional basketball player like Kobe Bryant, sports injuries are inevitable because it is all part of the game.

Junket activity is regulated by Administrative Regulation no. 6/2002 and Law no. 5/2004 (the legal regime of concession of credit for gaming or betting), the Commercial Code of Macau and also by, Law no. 16/2001 (known popularly as the Gaming Law) and its complementary regulation.

Macau’s rules on junket operations are clearly spelled out, says lawyer Bruno Nunes. Find out more on this article.

Introduction: The Australian Tourist Visa (subclass 676) is the visa typically obtained by Thai citizens looking to visit Australia. The visa allows visitors to stay in Australia for either three or six months.

On June 3, 2010, the Ministry of Culture (MOC) issued a regulation called Tentative Rule on Administration of Online Game (the Rule). The new Rule highlights that online game players should register their real names before participating in virtual competitions in cyberspace.

Bicycling magazine once named Chicago the best big city for bicycling in North America.

Catcher in the Rye fans will be interested in recent litigation regarding the great American coming-of-age novel that has been brewing in the Southern District of New York. Catcher, is J.D. Salinger’s classic story about a disillusioned teenager named Holden Caulfield who is kicked out of boarding school and then wanders around New York City for a few days with his friends before ultimately returning back home.

This article will arm you with the knowledge you need to protect your artwork or photographs, and put to rest some common myths.

An analysis of the legal implications in the case of Portugal versus Bwin and how it applies to Malta Remote Gaming Licensees.

Today, Celebrity and Workplace Invasions of Privacy are occurring on a daily basis. The right of publicity, the right to control the commercial use of their identity, is constantly infringed. Now individual citizens are also having their privacy invaded in the work place by their employers. The author analyzes what can be done to stop this growing problem.

We have relief from the scorching days of summer, but the chill of winter will soon follow. If you are thinking ahead to the cold months to come, you are not alone. Many are planning extended vacations to warmer locale, but before you can enjoy the sunshine, you must plan for a safe and healthy trip.

A consideration of the salient legal and political developments that have strengthened the foundations of Malta’s remote gaming industry

Fishing Vacation to Canada

Skiing and snowboarding are extremely popular in Colorado. During the 2007-2008 ski season, Colorado had 28 ski areas in operation according to the National Ski Areas Association (NSAA). The NSAA also reports that over 21 million skiers visited ski areas in the Rocky Mountain region, which includes Colorado, during 2007-2008.

Perspective on the changing book publishing industry and the effect of big box retailers, online booksellers and electronic publishing.

Perspective on the use of “Best Bid” and “Best Offer” Auctions as well as “Rolling” and “Rounds” auctions in the sale of manuscripts and projects to publishers in the book publishing industry.

Intellectual property Rights, i.e. property rights acquired from the Work of Art, are the fundamental human rights which are adhered strictly to the Author and which are vested in human being by birth. Wit this qualification however naturally it took its place in the Universal Declaration of Human Rights.

Today, the most significant studies oriented towards protection of Intellectual and Industrial Property Rights have been carried out under the heading “Combat Against Pirate”. Considering the fact that in general pirate music or motion picture materials, or pirate printed books could easily reach at the smallest districts all over Turkey, the phase attained in the combat against pirate can also be easily assessed.

Protect yourself against Summer Injury Dangers

Accidents in roller skating rinks can cause serious personal injuries. Under New Jersey state law, roller skaters and other patrons injured at roller skating rinks may be able to sue the owner or operator of the rink and be compensated for the injuries they sustained.

New Jersey's Ski Slope Statute was enacted to define the respective responsibilities of ski area operators and skiers, while taking into consideration that the sport of skiing and related activities involve certain risks that are impractical or impossible to eliminate. See New Jersey's Ski Slope Statute, N.J.S.A. § 5:13-1 et seq.

Summer driving season is upon us. Across Illinois, residents and visitors spend more time on our state’s roads, driving to see family and friends and to visit vacation spots. As driving time increases, so should your awareness of simple, effective road rules that make everyone on the roads safer.

Spending summer in the Poconos or along the Jersey Shore is certainly appealing for Philadelphia city dwellers and the thousands of tourists who flock to the East Coast each summer in search of adventure. Unfortunately, summer fun can come at quite a cost. Each year accidents involving recreational vehicles (RVs), motor homes, motorcycles and campers put an end to summer fun and cause catastrophic injuries and death.

Strawberry Reservoir is a popular spot to fish in Utah. Fish can grow well and thrive there, which is good for fishermen. There have been problems there, however, with an overabundance of non-native fish populations. The Utah Division of Wildlife Resources (DWR) has tried to reduce non-native fish populations and manage desired fish species with targeted regulations.

Now that autumn has officially arrived, many people have spent fond memories of visits with their family in a vacation property. Perhaps you own a vacation property in Michigan along the water or at Eagle Ridge in Galena on the golf course. Wherever the property is located, one important question is how to keep the vacation home in the family after you have passed on.

There is a growing trend by California Charities and Non-Profit Organizations to hold raffles for dream homes worth millions of dollars and poker tournaments to increase donations in these tough economic times. However, there are a considerable number of rules which must be followed by such charity organizations and violation of those rules can lead to a charity being referred to county prosecutors as this Orange County Charity attorney explains.

The recent flurry of shipwrecks found with gold and other treasures and the continuous flow of stolen art into the U.S. and London is an area of law that is full of competing legal issues which complicate determinations of rightful ownership of stolen art, antiquities and treasure that is found on shipwrecks.

This article explains the right in California to control the use of your image and likeness. The author looks at what celebrities need to be prove in a privacy or publicity rights case and how civil publicity rights and privacy rights cases differ from criminal actions for identity theft.

The author examines the 2004 Super Bowl Halftime Janet Jackson wardrobe malfunction fine and the FCC brain malfunction in this article. As the author notes, the FCC fine has been overturned and the case remanded to the FCC with severe limitations on future actions by the FCC to chill free speech and broadcasters.

The author in this informative article provides a wealth of information about the modeling industry and how models can protect themselves. In answering four common questions of models, this legal author helps models to understand the different types of contracts in the modeling industry, what to pay attention to in their modeling contracts, and model release forms and when cancellation of a contract is possible.

From the perspective of someone who has represented musicians both in London and in California, a looks at how the entertainment industry takes advantage of new artists and musicians who don’t have legal representation. The author warns new musicians and artists in this article that signing a bad contract can end your career before it's begun.

This article shows the dangers of deceptive television advertising. In this fictional conversation between a client and an attorney, the author shows how the constant barrage of television advertisements for products that seem too good to be true are making some people think they too should stretch the envelope. This article shows why advertisers need to be truthful in their adverising.

The United States Department of Homeland Security has introduced the Electronic System for Travel Authorization (ESTA) under which a person traveling to the United States on the Visa Waiver Program obtains electronic travel authorization prior to boarding a carrier to travel by air or sea to the United States. This article discusses the ESTA program in detail and makes recommendations for those individuals who have suffered past arrests and convictions.

Chinese visa is a permit issued to a foreigner by the Chinese visa authorities to enter, exit from or transit through the Chinese territory.

The Capital Markets Board of Turkey (CMB) released the restrictions governing the some of the financial operations of sports activities business listed corporations with a set of principles.

Summary of Recent Legal Decisions of Interest to the Equestrian Community

Tourism investments in Uruguay, South America, has increased in the last years. This industry is increasing its participation, year after year, in the GDP of the country. Uruguay is regionally famous specially for the hundred of kilometres of beaches in its coast and the interest shown by international hotel chains to have presence in the country, especially in Montevideo, the well known beach resort Punta del Este and Colonia, close to Buenos Aires.

Artist management is the most frustrating job in show business, I know, I've done it. Richard Schulenberg (Legal Aspects of the Music Industry)