Michael I Rudell

July 30, 2014 | New York Law Journal

In their Entertainment Law column, Michael I. Rudell and Neil J. Rosini of Franklin, Weinrib, Rudell & Vassallo, discuss the recent ruling of the U.S. Supreme Court that the Aereo service, which allowed its subscribers access via the Internet to local broadcasts of television programs on their home and mobile devices, violates copyright law. The authors further examine what questions were left unanswered for other automated systems.

By By Michael I. Rudell and Neil J. Rosini

13 minute read

April 21, 2014 | New York Law Journal

In their Entertainment Law column, Michael I. Rudell and Neil J. Rosini, partners in Franklin, Weinrib, Rudell & Vassallo, Producers of television and film projects know that entering into work-for-hire agreements with all of the creative contributors to their projects is a legal necessity. The alternative invites chaos but the extent of it is rarely explored. The Ninth Circuit, however, recently pondered the consequences of that omission.

By Michael I. Rudell and Neil J. Rosini

13 minute read

December 27, 2013 | New York Law Journal

In their Entertainment Law column, Michael I. Rudell and Neil J. Rosini of Franklin, Weinrib, Rudell & Vassallo observe that agreements authors make with companies that publish their books, and with the production companies that make films based on those books, have changed significantly over the past several years, and advise that addressing potential conflicts requires foreknowledge of what book publishers and filmmakers are likely to demand and negotiation of agreements that balance their respective interests.

By Michael I. Rudell and Neil J. Rosini

8 minute read

April 26, 2013 | New York Law Journal

In their Entertainment Law column, Michael I. Rudell and Neil J. Rosini, partners in Franklin, Weinrib, Rudell & Vassallo, write that the issues in a recent lawsuit between writers of separate screenplays based on the same historical characters relate primarily to the protection afforded by copyright to the respective authors' selection and expression of factual and fictional details in their accounts. But the starting point for the court is more fundamental: to what degree should copyright - which protects only original works of authorship and not facts - protect a historian's work?

By Michael I. Rudell and Neil J. Rosini

11 minute read

January 26, 2001 | Law.com

A New York appellate court upheld the dismissal of a lawsuit brought against the creators, producers and broadcaster of the "Seinfeld" television series. Plaintiff Michael Costanza asserted the name and character of George Costanza was based upon him, claiming both are short, fat and bald; and both knew Jerry Seinfeld in college. The court held that fictional works are not within the scope of right to privacy.

By Michael I. Rudell

7 minute read

October 28, 2011 | New York Law Journal

In their Entertainment Law column, Michael I. Rudell and Neil J. Rosini, partners at Franklin, Weinrib, Rudell & Vassallo, write that the year 2013 may be a watershed in the music industry as a window opens in the Copyright Act through which many post-1977 grants of rights under copyright potentially could be terminated.

By Michael I. Rudell and Neil J. Rosini

10 minute read

May 02, 2012 | Corporate Counsel

In the ongoing wars between copyright rights holders and online content providers who make available others' copyrighted works without a license, the U.S. Court of Appeals for the Second Circuit recently rendered a decision in a closely watched battle between Viacom and YouTube.

By By Michael I. Rudell and Neil J. Rosini

13 minute read

July 07, 1999 | Law.com

The Ninth Circuit recently upheld the denial of injunctive relief against the manufacture and distribution of the Rio portable music player in Recording Industry Association of America v. Diamond Multimedia Systems. The decision notes the ambiguity in the statutory language but concludes that the act extends protection to direct copying of digital music recordings.

By Michael I. Rudell

11 minute read

July 26, 2013 | New York Law Journal

In their Entertainment Law column, Franklin, Weinrib, Rudell & Vassallo partners Michael I. Rudell and Neil J. Rosini write that how the court chose to frame the comparison suggested by the "transformative" analysis - what is or is not being transformed into what - heavily influenced the outcome in the recent 'Hart v. Electronic Arts' and it could have major repercussions for the future of digital entertainment.

By Michael I. Rudell and Neil J. Rosini

15 minute read

March 01, 2012 | Texas Lawyer

The e-book format continues to be a growing force in book publishing. Worldwide sales are predicted to reach nearly $10 billion by 2016 compared to $3.2 billion in 2011.

By Michael I. Rudell and Neil J. Rosini

13 minute read