Franklin, Weinrib,
Rudell & Vassallo, P.C.

488 Madison Avenue
New York, NY 10022
Tel: (212) 935-5500
Fax: (212) 308-0642
Email: lawfirm@fwrv.com
Directions: Google Maps
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Neil J. Rosini


v-card
nrosini@fwrv.com
(212) 446-9788
Attorney Ohoto
Neil’s practice focuses on content clearance for broadcast, publication and online distribution; opinion work and counseling respecting copyright, rights of publicity and defamation matters; content and software licenses relating to website and mobile platform uses; online privacy issues; literary publishing; performing arts; trademark licensing, celebrity endorsements and branding.

He was listed in the 2006, 2007 and 2008 editions of “New York Super Lawyers/Manhattan Edition,” among 5% of Manhattan attorneys. According to the magazine, this selection was based on an independent survey of 59,000 lawyers and an evaluation by a "blue ribbon panel of preeminent peers" in each area of practice.

Neil is a frequent author and lecturer. His handbook for journalists, The Practical Guide to Libel Law, was published by Praeger and he currently writes (with partner Michael Rudell) the bi-monthly "Entertainment Law" column for the New York Law Journal. His article about fair use of film clips in documentaries appeared in the December 2008 edition of Indie Slate magazine. Other articles include "Copyright Category Confusion and Its Consequences: Online Transmissions and the Rights of Exclusive Use Under Copyright" (Published in Entertainment and Sports Lawyer, a publication of the American Bar Association); and "Releases For Docudramas: When Are They Advisable And What Goes Into Them?" (Published in Communications Lawyer, a publication of the American Bar Association.

His speaking engagements have been sponsored by the CMJ Music Marathon, the National Association of Broadcasters, the Dramatists Guild, the Association of Authors’ Representatives, the National Academy of Television Arts and Sciences, the New York County Lawyers’ Association, the New York State Bar Association and IBC Legal Studies (London), among others. Neil’s views on copyright and libel law have been cited in New York Magazine, TV Guide, Business Week, the Los Angeles Times and other publications. He also has been a line commentator on Court TV.

Neil received his J.D. from Yale Law School and his B.A. from the University of Notre Dame (summa cum laude, member of Phi Beta Kappa). He is the Co-Chairman of the Copyright and Trademark Committee of the Entertainment and Sports Law Section of the New York State Bar Association and a member of the Executive Committee of the Section; a member of Copyright Society; he is a member of the advisory board of The Licensing Journal as well as the John J. Cali School of Music; counsel to (and member of) the British Academy of Film and Television Arts (BAFTA) East Coast; and he taught entertainment law for seven years as an adjunct professor at New York University School of Law. Neil was admitted to the New York State Bar in 1977 and to the New Jersey State Bar in 1976.

Representative Work:

  • Counseling documentary and news producers regarding the identification and resolution of fair use, defamation and privacy issues.
  • Representing packagers of music-related websites, including negotiating and drafting agreements to acquire rights in music, text and graphics.
  • Advising copyright owners and licensees about terms of copyright and termination rights.
  • Performing copyright due diligence on behalf of clients acquiring rights, assets and equity in corporate entities; and preparing copyright inventories and estate plans.
  • Representing authors in the negotiation of agreements with book publishers.
  • Counseling corporate clients involved in (or anticipating) intellectual property litigation.
  • Working with classical music composers acquiring "underlying rights" in plays and books.
  • Advising companies with online sites about laws and regulations applying to the use of private information.


News & Articles:
Aug 27, 2010
Electronic Books Reshape Publishing Industry
Articles
Three recent announcements involving electronic publishing have sent ripples through the publishing industry.
     
Jun 25, 2010
Clearance Issues For Performing Arts Web Sites
Articles
Websites can include a digital buffet of audio and video content, photos, artwork, biographical sketches, analyses of the works presented -- and more -- that will enhance the online experience, increase consumer awareness and better entice visitors to fill their seats.
     
Apr 30, 2010
Author's Suit Spotlights Turnaround Provisions
Articles
It takes a good while for a producer to develop a motion picture based on a book. A screenwriter must be engaged, decisions must be made about how to adapt the book into a film, the screenplay must be written and revised, and then an entire creative team must be assembled.
     
Feb 26, 2010
Termination of Licenses Without Fixed Terms
Articles
For virtually every kind of entertainment project that involves a license of intellectual property, the duration of the license is of great significance.
     
Feb 25, 2010
Neil Rosini Talks About Copyright at AAR
Firm News
Developments in the law of terminations of grants under the U.S. Copyright Act
     
Jan 29, 2010
R. Schwartz and N. Rosini Speak at Opera America
Firm News
Discussion of copyright, privacy, underlying rights arrangements and websites
     
Jan 25, 2010
Partners Speak at NYS Bar Assoc. Annual Meeting
Firm News
Copyright termination and literary publishing discussed
     
Jan 11, 2010
Talk Scheduled: IP in Day of FaceBook & YouTube
Firm News
Neil Rosini to discuss the legality of the commonplace.
     
Jan 4, 2010
New Developments in Film Financing
Articles
Reduced sales of DVDs and increased piracy of filmed entertainment are affecting the profits of studios and other financiers of motion pictures.
     
Oct 23, 2009
Sundance Bidding War Ends with Lawsuit
Articles
An auction atmosphere generally works to the advantage of the seller of rights and this effect has been demonstrated regularly at the Sundance Film Festival during the past several years.
     
Oct 6, 2009
FWRV Attorneys Again on "Super Lawyers" List
Firm News
Magazine selects 5% of Metro NY lawyers by nominations, peer evaluation and internal research
     
Aug 28, 2009
Superman Deal Isn't a "Sweetheart"
Articles
When the widow and daughter of a co-creator of Superman challenge a Warner-DC agreement, the court sides with Warner for some unexpected reasons.
     
Jun 26, 2009
Film Studios Hope to Strike Sequel Gold
Articles
Mindful of the vast rewards that can flow from motion picture franchises, Hollywood studios structure their agreements with book authors to maximize their chances of creating one.
     
Apr 24, 2009
Examining the Parody/Satire Distinction
Articles
A parody of "When You Wish Upon A Star," characterized as "crass and offensive," defeats a copyright claim through the fair use defense.
     
Mar 20, 2009
The Artifact Test
Articles
The fair use "Artifact Test" can simplify unauthorized borrowings of entertainment clips in documentaries, but it's not the same as getting them cleared.
     
Feb 27, 2009
“Freedom to Work Act” Bans Non-Compete Clauses
Articles
“Broadcast Employees Freedom to Work Act” forbids some but not all attempts by employers in broadcasting media to restrict the range of opportunities for certain employees following the termination or expiration of employment.
     
Dec 26, 2008
Nonprofit Theaters and Subsidiary Rights
Articles
The claims of nonprofit theaters to a share of revenues from subsequent productions of plays they initially produce is being challenged.
     
Sep 24, 2008
Partners Again in "Super Lawyers" Annual List
Firm News
Magazine lists top 5% as chosen by “nominations, peer evaluation and internal research”
     
Aug 22, 2008
The "360 Agreement" Emerges in the Music Business
Articles
There is much to learn for artists’ representatives and for record companies as they gain experience with this new business model
     
Jul 29, 2008
Neil Rosini Discusses Parody Law
Firm News
Fair use seminar is presented to agents’ association
     
Jun 27, 2008
Who Killed Roger Rabbit's Share of Gross Receipts?
Articles
The meaning of "gross receipts" in merchandising disputes
     
Apr 25, 2008
Try to Remember: The Memoir
Articles
Recent controversies over fabricated memoirs and memoirists and their effect on publishing contracts
     
Apr 10, 2008
Panelists Discuss Film Rights at Dramatists Guild
Firm News
"Stage to Screen" program includes partners Jonathan Lonner and Neil Rosini
     
Feb 27, 2008
"Crude Parody" Like Others Before It, Is Fair Use
Articles
Decision favoring "Family Guy" parody of Carol Burnett's "Charwoman" revisits the limits of ridicule
     
Dec 28, 2007
No Copyright Protection for Poetic Collection
Articles
Protection is available only for compilations based on subjective judgments -- not an exhaustive omnibus.
     
Oct 26, 2007
"Citizen Kane" Case Revisits Future Rights
Articles
A recent decision concerning the legendary Citizen Kane illustrates why parties negotiating rights acquisition agreements should assume always that old and new technology will give way to unforeseen newer technology.
     
Sep 23, 2007
Seven FWRV Attorneys Again Named "Super Lawyers"
Firm News
Magazine lists top 5% of NY Metro area attorneys as chosen by their peers, by panel review, and through independent research
     
Aug 24, 2007
Perpetual 5% Fee Found to be Unenforceable
Articles
A dispute between two California law firms sheds light on percentage fee arrangements; New York precedent covers parallel ground
     
Jun 22, 2007
Cussler and Crusader Find It Hard to Adapt
Articles
Authors seek to influence the way their books are adapted to the screen with varying results
     
Apr 26, 2007
Cablevision Decision Spotlights Digital Issues
Articles
Case holds that remote storage DVR service infringes rights of owners of tv programs; also finds buffer copies to be infringing
     
Apr 10, 2007
Neil Rosini Speaks to Orchestra Librarians
Firm News
Chicago Conference to Cover "Our Digital Future"
     
Feb 23, 2007
Plagiarism and Illegality--Not Always the Same
Articles
Plagiarism is based on moral and professional standards and copyright infringement is based on legal rules. How does a recent case of copying by a novelist measure up using both yardsticks?
     
Feb 23, 2007
30th Anniversary Celebrated
Firm News
Series of Entertainment Law Columns in New York Law Journal passes a milestone
     
Dec 22, 2006
First Amendment Protects Video Game Character
Articles
Unlike other publicity rights decisions concerning fictitious robots based on real celebrities, this time the human lost
     
Nov 3, 2006
Neil Rosini Speaks at CMJ and NAB Conferences
Firm News
Moderates copyright discussion and speaks on legal aspects of podcasting at Podcasting Summit
     
Oct 27, 2006
Life Story Releases: "Flashdance" & "Chorus Line"
Articles
The importance of "life story" releases in many entertainment transactions makes two disputes, both involving dancers' life stories, worth examining
     
Aug 25, 2006
Steinbeck Case Illustrates Termination Issues
Articles
U.S. copyright law gives authors and their heirs the right to terminate certain grants, but legal and business hurdles demand attention -- as illustrated by a case involving "The Grapes of Wrath" and other works by John Steinbeck
     
Jul 19, 2006
Seven Partners Named "Super Lawyers"
Firm News
Magazine lists "top attorneys in Manhattan" as chosen by their peers and through independent research
     
Jul 1, 2006
FWRV in Top Rank of Media & Entertainment Firms
Firm News
Chambers USA names Franklin Weinrib one of four top-ranking Media and Entertainment commercial practice firms in New York.
     
Jun 23, 2006
Releasing Film First in Theaters
Articles
Duty to Release Film First in Theaters Might Be Implied By Silent Contract
     
Apr 28, 2006
Privacy Expectations
Articles
Art, News and Privacy Expectations on the Streets of New York
     
Apr 23, 2006
Neil Rosini Speaks at Broadcasters Conference
Firm News
Presentation to NAB on "Licensing and Copyright Laws for Podcasting"
     
Feb 24, 2006
The Role of Most Favored Nations Clauses
Articles
Overview of "Most Favored Nations" Clauses in Entertainment Agreements
     
Dec 23, 2005
Ring Tone Revenues Foster Copyright Detente
Articles
Revenue Claimants Make Peace, Not War
     
Nov 1, 2005
Copyright and Business
Firm News
Aspects of Music and Ringtones
     
Oct 28, 2005
Google Print
Articles
Suits by Authors and Publishers Against Google Raise Fair Use Questions
     
Sep 23, 2005
Former Bodyguard of Madonna
Articles
Not Defamed by Erroneous Photo Caption
     
Sep 1, 2005
Neil Rosini Joins Michael Rudell in Writing Column
Firm News
The Entertainment column of the New York Law written by two of our partners
     
Mar 31, 2005
Copyright Terms and Terminations
Articles
Do the Math
     
Apr 1, 2004
Rosie O'Donnell's Contract
Articles
The Hazards of Deferring Issues of Control
     
Dec 1, 2001
Summary of the Ninth Circuit's Decision
Articles
Napster Case and the Modified District Court Injunction
     
Feb 23, 2001
NAPSTER Nipped
Articles
NAPSTER Nipped by Ninth Circuit
     
Jan 21, 2001
Digital Millennium Copyright Act of 1998
Articles
Summary of the digital Millennium Copyright Act of 1998
     
Jan 20, 2001
Sonny Bono Copyright Extension Act
Articles
Summary of the Sonny Bono Copyright Extension Act and the Fairness in Music Licensing Act of 1998
     
Jan 20, 2001
Quick Questions and Short Answers About Libel Law
Articles
These questions and answers are adapted from The Practical Guide to Libel Law by Neil J. Rosini (Praeger), a handbook for publishers, journalists, writers, and others who need to know the basics of U.S. libel law and practical ways to deal with it.
     
Jan 1, 2001
Music Rights and the Internet
Articles
An Outline of Rights, Licenses and Sources
     
Jan 1, 2000
Outline & Summary of the Digital Performance Right
Articles
In Sound Recordings Act of 1995 as Amended by the Digital Millennium Copyright Act of 1998 -- --creates a public performance right in sound recordings limited to certain digital transmissions and a compulsory license for digital phonorecord delivery
     
Jan 1, 2000
Checklist for Section 17 U.S.C. Section 114
Articles
Compulsory License for Sound Recording Digital Transmissions
     
Jan 1, 2000
The Four DMCA "Safe Harbors"
Articles
Exemption for online service providers from liability for copyright infringement - A Guide to Section 512 of the U.S. Copyright Act (Section 202 of the Digital Millennium Copyright Act of 1998)
     
Jan 1, 1998
Summary: Copyright Category Confusion
Articles
And Its Consequences: Online transmissions and the Rights of Exclusive Use Under Copyright
     
Jan 1, 1998
Category Confusion and Its Consequences:
Articles
Online Transmissions and the rights of Exclusive Use Under Copyright
     
Jan 1, 1987
Releases for Docudramas
Articles
Releases for Docudramas: When Are They Advisable and What Goes Into Them?