Michael I Rudell

December 28, 2007 | New York Law Journal

Michael I. Rudell and Neil J. Rosini, partners in Franklin Weinrib Rudell & Vassallo, write that regardless of the time, effort, and money expended assembling a list, copyright only protects compilations of information based on subjective judgments. Any compiler who attempts to be exhaustive, and therefore objective in his or her selection, will get no benefit from copyright, no matter how brazen the copier. This is the lesson of a recent Southern District decision that pertained to a collection of poems.

By Michael I. Rudell and Neil J. Rosini

9 minute read

May 27, 2005 | New York Law Journal

Michael I. Rudell, an entertainment attorney practicing with Franklin, Weinrib, Rudell & Vassallo, writes that the Ninth 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.

By Michael I. Rudell

8 minute read

June 26, 2009 | New York Law Journal

Michael I. Rudell and Neil J. Rosini, partners in Franklin Weinrib Rudell & Vassallo, Write that anyone following summer motion picture releases will note the seasonal prevalence of big budget sequels to successful films. Mindful of the vast rewards that can flow from these so-called "franchises," they say, Hollywood studios structure their agreements with book authors to maximize their chances of creating one.

By Michael I. Rudell and Neil J. Rosini

8 minute read

February 25, 2011 | New York Law Journal

In their Entertainment Law column, Michael I. Rudell and Neil J. Rosini, partners at Franklin Weinrib Rudell & Vassallo, analyze the culture of Hollywood dealmaking, where a producer with greenlight power can receive as many pitches a day as Jorge Posada, and the one making the pitch usually expects the recipient to hold the submission in confidence and to enter into an agreement covering compensation, ownership, control, credit, services, and other key business points before making use of the proffered story or concept.

By Michael I. Rudell and Neil J. Rosini

15 minute read

January 28, 2005 | New York Law Journal

Michael I. Rudell, an attorney practicing with Franklin, Weinrib, Rudell & Vassallo, reports that industry insiders say that the three primary factors in determining where a film or television program will be produced are (i) demand made by stars or talent; (ii) cost; and (iii) script requirements. If neither the script nor the stars require or demand production in New York City, cost factors to-date generally have dictated that it will be produced elsewhere.

By Michael I. Rudell

6 minute read

February 25, 2005 | New York Law Journal

Michael I. Rudell, an entertainment attorney practicing with Franklin, Weinrib, Rudell & Vassallo, writes that a federal court has concluded that a contractual provision requiring a company to pay a percentage "of the profits derived . . . from the profits of any live action or animation or television movie" includes contingent payments in the form of gross profits or gross proceeds.

By Michael I. Rudell

8 minute read

April 25, 2008 | New York Law Journal

Michael I. Rudell and Neil J. Rosini, partners in Franklin Weinrib Rudell & Vassallo, write that controversies over fabricated memoirs and memoirists have been blooming like spring flowers. And the readers of these supposedly authentic stories are, increasingly, launching legal actions when what was promoted as truth turns out to be fiction.

By Michael I. Rudell and Neil J. Rosini

13 minute read

October 24, 2008 | New York Law Journal

Michael I. Rudell and Neil J. Rosini, partners in Franklin Weinrib Rudell & Vassallo, write that numerous details can be included in a first refusal clause, which often is heavily negotiated. Variables may include which party must transmit the offer to be matched; whether nonfinancial elements in an offer must be matched (for example, that a program will be broadcast in a particular time period; or that certain performers or production personnel must be attached); and whether the right pertains to every offer received in perpetuity.

By Michael I. Rudell and Neil J. Rosini

13 minute read

August 27, 2010 | New York Law Journal

In their Entertainment Law column, Michael I. Rudell and Neil J. Rosini, partners in Franklin Weinrib Rudell & Vassallo, write that three recent announcements involving electronic publishing have sent ripples through the publishing industry.

By Michael I. Rudell and Neil J. Rosini

14 minute read

May 23, 2002 | New York Law Journal

T he motion picture "The Blair Witch Project," which cost about ,000 to produce, generated over million in domestic and foreign box office receipts. Not surprisingly, it spawned a sequel, "Blair Witch II: Book of Shadows." Three actors who played the central characters in the original production ("Blair Witch I") brought suit against the distributor of the sequel alleging that their names and likenesses had been used without their approval in "Blair Witch II" and promotional activities relating to it. A fe

By Michael I. Rudell

10 minute read