Michael I Rudell

February 26, 2016 | New York Law Journal

In their Entertainment Law column, Michael I. Rudell and Neil J. Rosini write: Sometimes a lawyer can't just sit and watch a play. We note things, such as a substantial borrowing from a well-known comedy routine of Abbott and Costello in the critically acclaimed Broadway dark comedy, "Hand to God." It's a routine with iconic status—instantly recognizable from the line "Who's on First?" We ask ourselves: Was that use cleared? If not, is it a non-infringing fair use? And if so, why?

By Michael I. Rudell and Neil J. Rosini

9 minute read

December 21, 2015 | New York Law Journal

In their Entertainment Law column, Michael Rudell and Neil Rosini discuss the legal aspects of artistic collaboration, and advise that "the parties' agreement should cover not only ownership, scheduling, credit, and details of the writer's compensation but also more emotional issues such as what happens if the relationship sours."

By Michael I. Rudell and Neil J. Rosini

11 minute read

December 18, 2015 | New York Law Journal

In their Entertainment Law column, Michael Rudell and Neil Rosini discuss the legal aspects of artistic collaboration, and advise that "the parties' agreement should cover not only ownership, scheduling, credit, and details of the writer's compensation but also more emotional issues such as what happens if the relationship sours."

By Michael I. Rudell and Neil J. Rosini

11 minute read

September 30, 2015 | New York Law Journal

In their Entertainment Law column, Michael I. Rudell and Neil J. Rosini write that the focus of attention on the subject of film authorship (and ownership) shifted east this summer when a Second Circuit panel unanimously decided that a production company owned the contribution of a director to a film in the absence of either joint authorship or a work-for-hire agreement. The court generally followed the trail blazed by the Ninth Circuit in 2014 and earlier this year, but in some respects went beyond it.

By Michael I. Rudell and Neil J. Rosini

11 minute read

September 29, 2015 | New York Law Journal

In their Entertainment Law column, Michael I. Rudell and Neil J. Rosini write that the focus of attention on the subject of film authorship (and ownership) shifted east this summer when a Second Circuit panel unanimously decided that a production company owned the contribution of a director to a film in the absence of either joint authorship or a work-for-hire agreement. The court generally followed the trail blazed by the Ninth Circuit in 2014 and earlier this year, but in some respects went beyond it.

By Michael I. Rudell and Neil J. Rosini

11 minute read

June 12, 2015 | New York Law Journal

In their Entertainment Law column, Michael I. Rudell and Neil J. Rosini write that when major talent agencies appear in the fact patterns of idea theft and copyright infringement claims, it's usually to establish how the plaintiff's property got into the hands of an agency client, such as the producer or writer of the infringing production. But in a current case, an elite agency was also named as a defendant, accused of breaching an implied-in-fact contract with a screenplay writer, as well as contributory copyright infringement.

By Michael I. Rudell and Neil J. Rosini

10 minute read

June 11, 2015 | New York Law Journal

In their Entertainment Law column, Michael I. Rudell and Neil J. Rosini write that when major talent agencies appear in the fact patterns of idea theft and copyright infringement claims, it's usually to establish how the plaintiff's property got into the hands of an agency client, such as the producer or writer of the infringing production. But in a current case, an elite agency was also named as a defendant, accused of breaching an implied-in-fact contract with a screenplay writer, as well as contributory copyright infringement.

By Michael I. Rudell and Neil J. Rosini

10 minute read

January 23, 2015 | New York Law Journal

In their Entertainment Law column, Michael I. Rudell and Neil J. Rosini write: In denying a motion by defendant Sirius XM Radio for summary judgment in a suit over its transmitting of pre-1972 sound recordings, Southern District Judge Colleen McMahon's decision upends settled expectations of who must pay for what in the broadcast music industry.

By Michael I. Rudell and Neil J. Rosini

12 minute read

January 22, 2015 | New York Law Journal

In their Entertainment Law column, Michael I. Rudell and Neil J. Rosini write: In denying a motion by defendant Sirius XM Radio for summary judgment in a suit over its transmitting of pre-1972 sound recordings, Southern District Judge Colleen McMahon's decision upends settled expectations of who must pay for what in the broadcast music industry.

By Michael I. Rudell and Neil J. Rosini

12 minute read

October 09, 2014 | New York Law Journal

In their Entertainment Law column, Michael I. Rudell and Neil J. Rosini discuss the recent decision in 'Fox News v. TVEyes,' which allowed a searchable database to incorporate copyrighted works in their entirety and provide users with excerpts as a fair use. In approving these key features, the court followed the trail blazed by 'Authors Guild v. Hathi Trust' and 'Authors Guild v. Google' which held that electronic libraries of books created to allow users to search for keywords or terms were protected by fair use.

By Michael I. Rudell and Neil J. Rosini

12 minute read