Michael I Rudell

December 01, 2017 | New York Law Journal

Entertainment Law columnists Michael I. Rudell and Neil J. Rosini discuss a recent decision which addressed the question: What distinguishes a First Amendment-protected use of that pre-existing mark from an actionable infringement?

By Michael I. Rudell and Neil J. Rosini

9 minute read

September 29, 2017 | New York Law Journal

Entertainment Law columnists Michael I. Rudell and Neil J. Rosini discuss agreements between authors and their agents, which are sometimes separate, but often their relationship is defined in the author's publishing agreement.

By Michael I. Rudell and Neil J. Rosini

8 minute read

June 16, 2017 | The Recorder

Much can be learned about the entertainment industry by comparing how those who perform services or license rights in their works are compensated under agreements to which they are a party. Some compensation in those agreements is fixed and essentially guaranteed, such as advances and flat fees. Other types, which are the subjects of this article, are contingent.

By BY MICHAEL I. RUDELL AND NEIL J. ROSINI, Law Journal Newsletters

9 minute read

June 02, 2017 | New York Law Journal

In their Entertainment Law column, Michael I. Rudell and Neil J. Rosini look at the contractual relationship between an artist and a personal manager, who provides advice and guidance in creative matters.

By Michael I. Rudell and Neil J. Rosini

8 minute read

April 03, 2017 | New York Law Journal

In their Entertainment Law column, Michael I. Rudell and Neil J. Rosini provide a general overview of basic provisions covering contingent compensation structures in literary publishing, live theater, television and theatrical motion picture agreements.

By Michael I. Rudell and Neil J. Rosini

17 minute read

February 03, 2017 | New York Law Journal

Entertainment Law columnists Neil J. Rosini and Michael I. Rudell analyze a recent decision offering an object lesson in how fan films (as well as fan novels and any other unauthorized fan-created derivative of a popular work) court legal disaster.

By Neil J. Rosini and Michael I. Rudell

19 minute read

December 16, 2016 | New York Law Journal

In their Entertainment Law column, Neil J. Rosini and Michael I. Rudell analyze a Second Circuit decision regarding the Digital Millennium Copyright Act, designed to give them a means of eliminating infringing content uploaded by users to Internet sites while providing eligible online service providers a safe harbor from infringement liability if they dutifully respond to takedown notices and bar repeat infringers. The decision may broaden the ways in which online service providers can lose the DMCA's safe harbor protection either by not implementing a repeat infringer policy with a sufficiently wide net or by demonstrating willful blindness to infringing activity involving entire categories of copyrighted works.

By Neil J. Rosini and Michael I. Rudell

19 minute read

September 23, 2016 | New York Law Journal

In their Entertainment Law column, Neil J. Rosini and Michael I. Rudell discuss how documentary filmmakers and their attorneys can avoid common pitfalls by being aware of basic legal and business concepts such as appearance releases, defamation claims, rights issues, insurance matters and funding, to name a few.

By Neil J. Rosini and Michael I. Rudell

17 minute read

July 01, 2016 | New York Law Journal

In their Entertainment Law column, Neil J. Rosini and Michael I. Rudell write: "'Sarver v. Chartier' and 'Hicks v. Casablanca Records' present relatively straightforward guidelines for deciding whether fictional works portraying real people violate publicity rights. New York decisions, however, usually apply statutory interpretation that seems to depend on whether readers and viewers know what they're reading or watching is fiction or fact."

By Neil J. Rosini and Michael I. Rudell

27 minute read

May 06, 2016 | New York Law Journal

In their Entertainment Law column, Neil J. Rosini and Michael I. Rudell write that the strength of the legal theories on which artists objecting to the use of their songs by political campaigns rely—copyright, Lanham Act, and right of publicity—has received scant judicial attention. There is some legal precedent, however, as well as guidance from industry sources that concern the such use of music without express approval.

By Neil J. Rosini and Michael I. Rudell

12 minute read