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Donovan A Rodriques

Donovan A Rodriques

Business and Entertainment Attorney
  • Entertainment & Sports, Business Law, Intellectual Property
  • New York
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Summary

I am a business and entertainment attorney. I concentrate my practice in the area of film and television development, financing, production and distribution. I represent producers, talent, entertainment companies and entrepreneurs, including a number of startups and emerging companies in media, sports and entertainment technologies.

Practice Areas
  • Entertainment & Sports
  • Business Law
  • Intellectual Property
Fees
  • Free Consultation
    First consultation up to 60 minutes
  • Credit Cards Accepted
  • Contingent Fees
Jurisdictions Admitted to Practice
New York
2nd Circuit
Languages
  • English: Spoken, Written
Professional Experience
Business & Entertainment Attorney
Rodriques Law, PLLC
- Current
He concentrates in the area of film and television development, finance, production and distribution. His principal clients include individuals and businesses in the film, television and music industries, including a number of start-ups in media, sports and entertainment technologies.
Education
Norman Manley Law School
CLE / CLE
-
Edinburgh University School of Law
LL.M. / International Trade Law
-
University of the West Indies
LL.B. / Law (1999)
-
Professional Associations
New York State Bar
Member
- Current
Activities: Member of the Entertainment, Arts and Sports Law Section
Publications
Articles & Publications
How to Obtain Indie Film Financing
NYSBA Fall/Winter 2013 Entertainment, Arts and Sports Law Journal
Websites & Blogs
Website
Website
Blog
Rodriques Law, PLLC blogs
Legal Answers
23 Questions Answered

Q. Displaying others' marks in ads
A: You should be fine if the products shot are portrayed in the manner they are commonly portrayed and the audience is not led to believe that the product brands are sponsoring or associated with the product/service being featured in your video ad. That does not mean you won't get sued or receive a cease and desist letter. The best way to avoid this scenario altogether is to not show or blur/remove the logos of these products. The materials provided herein are for informational purposes only and do not constitute advertising, solicitation or legal advice. Consequently, you should not rely upon it as advice about specific legal problems because it does not constitute the rendering of legal advice and does not create any attorney-client relationship. If you need legal or other professional advice, you should consult with appropriate legal counsel familiar with your particular facts and circumstances.
Q. Can I still release a comedy film if another production released a project with the same name?
A: You can use the title, provided that there are no prohibitions under unfair competition and trademark law, and both you and the owner of the other title are not members of the Motion Picture Association of America.
Q. I sell trivia and would it be legal to sell an audio round using clips of songs (incl. movie soundtracks)?
A: In general, the unauthorized copying and sale of copyrighted songs is illegal, even if small portions of the works are used. You may need to obtain a license from the music publisher(s), or a compulsory mechanical license(s) through a licensing provider, such as, the Harry Fox Agency. You should consult with an entertainment attorney for legal advice. The materials provided herein are for informational purposes only and do not constitute advertising, solicitation or legal advice. Consequently, you should not rely upon it as advice about specific legal problems because it does not constitute the rendering of legal advice and does not create any attorney-client relationship. If you need legal or other professional advice, you should consult with appropriate legal counsel familiar with your particular facts and circumstances.
Q. When is the best time to secure an NDA when discussing the possible acquisition of my company by another?
A: Usually about the time you are set to begin any serious discussions and/or exchange of information, and definitely prior to conducting due diligence. The materials provided herein are for informational purposes only and do not constitute advertising, solicitation or legal advice. Consequently, you should not rely upon it as advice about specific legal problems because it does not constitute the rendering of legal advice and does not create any attorney-client relationship. If you need legal or other professional advice, you should consult with appropriate legal counsel familiar with your particular facts and circumstances.
Q. A member of my band wrote some songs copywrote them before joining the band. we played them as a band recorded them
A: You can use the songs by obtaining a compulsory license. Once phonorecords of a musical work have been publicly distributed in the United States with the copyright owner’s consent, anyone else may, under certain circumstances and subject to limited conditions, obtain a “compulsory license” to make and distribute phonorecords of the work without express permission from the copyright owner. he materials provided herein are for informational purposes only and do not constitute advertising, solicitation or legal advice. Consequently, you should not rely upon it as advice about specific legal problems because it does not constitute the rendering of legal advice and does not create any attorney-client relationship. If you need legal or other professional advice, you should consult with appropriate legal counsel familiar with your particular facts and circumstances.
Q. I have a registered trademark. Am I limited to using it only for the services listed on my trademark registration listin
A: You may start using your trademark for the new services, provided that no one else is using the mark in your geographic area for similar services. You may then file a new application to add a new class of goods and services. You would also pay an additional application fee. The materials provided herein are for informational purposes only and do not constitute advertising, solicitation or legal advice. Consequently, you should not rely upon it as advice about specific legal problems because it does not constitute the rendering of legal advice and does not create any attorney-client relationship. If you need legal or other professional advice, you should consult with appropriate legal counsel familiar with your particular facts and circumstances.
Q. Is the name New York Tribune covered by any existing copyrights or trademarks?
A: You should contact an IP attorney for legal advice and conduct a comprehensive trademark search.
Q. How do trademark rights accrue to people and organizations without any formal registration?
A: Trademark rights in the United States are obtained through actual use of a mark in commerce, i.e., being the first to use the mark on or in connection with specific goods and/or services in the marketplace. No formal registration is required to acquire trademark rights. The materials provided herein are for informational purposes only and do not constitute advertising, solicitation or legal advice. Consequently, you should not rely upon it as advice about specific legal problems because it does not constitute the rendering of legal advice and does not create any attorney-client relationship. If you need legal or other professional advice, you should consult with appropriate legal counsel familiar with your particular facts and circumstances.
Q. Looking to trademark my stage name as a DJ / Producer.
A: You should contact a qualified entertainment or IP attorney for legal advice. For your name to be protectable as a trademark you will have to show that it is being used in commerce. Although a mark is not a registered trademark, the user can claim a common law right, by showing priority of use, in that, they have been using the mark before you. You should conduct trademark searches to identify third party trademarks, both common law and registered. The materials provided herein are for informational purposes only and do not constitute advertising, solicitation or legal advice. Consequently, you should not rely upon it as advice about specific legal problems because it does not constitute the rendering of legal advice and does not create any attorney-client relationship. If you need legal or other professional advice, you should consult with appropriate legal counsel familiar with your particular facts and circumstances.
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