Michael I Rudell

June 03, 2005 | Law.com

The 9th Circuit has held that an assignee of a claim for copyright infringement who has no legal or beneficial interest in the copyright itself may not institute action for infringement. In reaching its decision, the court analyzed the 1976 Copyright Act and the "scant, although persuasive, precedent" that is available in analogous situations. The court concluded that the bare assignment of an accrued cause of action is impermissible under �501(b) of the act.

By Michael I. Rudell

8 minute read

February 26, 2010 | New York Law Journal

Michael I. Rudell and Neil J. Rosini, partners in Franklin Weinrib Rudell & Vassallo, review two recent decisions where courts interpreted New York law to permit termination "on reasonable notice" of licenses without fixed terms, despite some inventive legal theories advanced by the licensees to avoid it.

By Michael I. Rudell And Neil J. Rosini

11 minute read

April 28, 2006 | New York Law Journal

Michael I. Rudell and Neil J. Rosini, partners in Franklin Weinrib Rudell & Vassallo, write that two different people standing on two different streets in New York were photographed without their consent. Each brought suit in New York State Supreme Court alleging violation of his and her right of privacy. Earlier this year, the court dismissed one case but allowed the other to proceed.

By Michael I. Rudell and Neil J. Rosini

11 minute read

May 14, 1999 | Law.com

This paper examines the New York federal court's order in Oliveira v. Frito-Lay Inc., dismissing six of the seven claims brought by the singer Astrud Gilberto relating to the use of her recording of "The Girl From Ipanema" in a television advertisement. Only plaintiff's claim of false implied endorsement under ' 43(a) of the Lanham Act was left standing.

By Michael I. Rudell

8 minute read

March 25, 2005 | New York Law Journal

Michael I. Rudell, an entertainment attorney with Franklin, Weinrib, Rudell & Vassallo, reports that a dispute between Peter Jackson's company and and the producers and distributors of the blockbuster "The Lord of the Rings: The Fellowship of the Ring" may offer insight into the state of the art of Hollywood wheeling and dealing.

By Michael I. Rudell

7 minute read

August 25, 2006 | New York Law Journal

Michael I. Rudell and Neil J. Rosini, partners in Franklin Weinrib Rudell & Vassallo, write that a recent U.S. District Court for the Southern District of New York decision, Steinbeck v. McIntosh & Otis, Inc., dealing with book and film rights in some of the most famous novels of a generation, was recently added to the short but slowly growing list of federal court opinions that interpret the termination provisions of U.S. copyright law.

By Michael I. Rudell and Neil J. Rosini

13 minute read

August 24, 2007 | New York Law Journal

Michael I. Rudell and Neil J. Rosini, partners in Franklin Weinrib Rudell & Vassallo, write that entertainment law firms in California commonly charge the talent they represent 5 percent of gross income derived from contracts entered into during the course of the representation rather than on an hourly basis. Earlier this year, a Superior Court judge in Los Angeles addressed the enforceability of this fee structure . . .

By Michael I. Rudell and Neil J. Rosini

12 minute read

July 15, 2004 | Law.com

In a recent New York state decision, Marvel Enterprises Inc. was granted summary judgment in its claim for a declaratory judgment that involved the issue of whether it had given General Insurance Company of America Inc. timely notice of a claim. Marvel had licensed to Twentieth Century Fox Film Corp. the rights to create live action movies based upon the "X-Men" comic books. The dispute arose over the "Mutant X" television series featuring new Marvel characters.

By Michael I. Rudell

9 minute read

January 03, 2011 | New York Law Journal

In their Entertainment Law retrospective, Michael I. Rudell and Neil J. Rosini of Franklin Weinrib Rudell & Vassallo discuss industry cycles and happenings in film, television, music, and theater.

By Michael I. Rudell and Neil J.Rosini

13 minute read

July 22, 2005 | New York Law Journal

Michael I. Rudell, an attorney with Franklin, Weinrib, Rudell & Vassallo, writes that recording artist Ashanti and her mother (who is her manager) have been denied summary judgment by the U.S. District Court for the Southern District of New York on the breach of contract and unjust enrichment claims brought against them by a record production company.

By Michael I. Rudell

9 minute read