August 24, 2007 | New York Law Journal
Entertainment LawMichael 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
January 03, 2011 | New York Law Journal
Year-End Entertainment Review: Notable Trends and DevelopmentsIn 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
December 28, 2007 | New York Law Journal
Entertainment LawMichael 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
June 26, 2009 | New York Law Journal
Entertainment LawMichael 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
California Implied-in-Fact Contract Protects Where Copyright Doesn'tIn 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
April 25, 2008 | New York Law Journal
Entertainment LawMichael 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
Entertainment LawMichael 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
Electronic Books Reshape Publishing IndustryIn 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
April 30, 2010 | New York Law Journal
Entertainment LawMichael I. Rudell and Neil J. Rosini, partners in Franklin Weinrib Rudell & Vassallo, discuss reversion rights, turnaround provisions and a recently-filed suit by highly successful author Michael Connelly over the film rights to two of his books.
By Michael I. Rudell and Neil J. Rosini
10 minute read
June 27, 2008 | New York Law Journal
Entertainment LawMichael I. Rudell and Neil J. Rosini, partners in Franklin Weinrib Rudell & Vassallo, write that even the top rung on the ladder of contingent compensation, a share of "gross receipts," may have devils lurking in the details of the parties' contract and in the interplay of industry custom and other "extrinsic" sources of evidence when ambiguous contract language, such as the meaning of "gross receipts" itself, is disputed.
By Michael I. Rudell and Neil J. Rosini
11 minute read
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