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
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Michael I. Rudell

	mrudell@fwrv.com (212) 446-9782

Michael is counsel to numerous individuals and corporations in the entertainment industry, including celebrities and companies from start-up ventures to Fortune 500 corporations. He represents world-renowned authors of fiction and non-fiction books in their deals with literary publishers and motion picture and television companies, as well as numerous journalists, on-air news correspondents and producers of theatrical and television productions. He also represents high level executives in contractual negotiations with their employers.

Michael has been included in each edition of The Best Lawyers in America. The current edition of the independently researched publication of Chambers USA, America’s Leading Lawyers for Business refers to Michael as "absolutely legendary" in the world of media and entertainment, and states that sources praise his "appetite for hard work and tremendous sector expertise."

Michael also was named a "Super Lawyer" in the 2006, 2007, and 2008 editions of New York Super Lawyers/ Manhattan Edition. For the second consecutive year he is included by Lawdragon Magazine in its listing of 500 Leading Lawyers in America. The publication evaluates lawyers nationwide and includes "those lawyers who are most highly regarded for their skills and excellence."

Michael has been awarded The American Bar Association Forum on the Entertainment and Sports Industries Ed Rubin Service Award for exemplary service and leadership. He is the past Chairperson of both the American Bar Association Forum on the Entertainment and Sports Industries and the Committee on Entertainment and Sports Law of the Association of the Bar of the City of New York. He has been advisor to several publications, a former member of the Board of the Film Forum and lectures extensively on the subject of entertainment law. For over thirty years, Michael has written the Entertainment Law column for The New York Law Journal (which he currently co-writes with partner Neil Rosini). He also is the author of Behind the Scenes: Practical Entertainment Law published by Harcourt Brace and Jovanovich.

Michael received his Bachelor of Arts from Bucknell University and his LLB from New York University School of Law. He is admitted to the Bars of New York, New Jersey and California.

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.

May 26, 2010
Michael Rudell cited by Lawdragon	Firm News
Michael Rudell has been named again by Lawdragon as one of the 500 leading lawyers in America.

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.

Apr 29, 2010
Transactions in Adapting a Book into a Film	Firm News
Michael I. Rudell and Eric S. Brown present webinar on book-to-film deals.

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.

Jan 25, 2010
M. Rudell Speaks on Film Financing	Firm News
Motion picture net profits in the current economy

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

Sep 16, 2009
ABA Panel to Cover E-Publishing	Firm News
Eric Brown and Michael Rudell will address current issues in electronic publishing at an American Bar Association program on October 9.

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.

Aug 1, 2009
FWRV Maintains Top Ranking in Entertainment Law	Firm News
Chambers USA again names Franklin Weinrib one of New York's four top-ranking media and entertainment firms working in film, music, television and theater

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.

May 13, 2009
Michael Rudell To Speak at Chautauqua	Firm News
Lecture to focus on the book-to-motion picture process

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.

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.

Oct 20, 2008
Lawdragon 500 Again Cites Michael Rudell	Firm News
Fourth annual list of "500 Leading Lawyers in America" is released

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 30, 2008
Michael Rudell Re-Named “Power Lawyer”	Firm News
Listed by Hollywood Reporter for second year

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

Mar 6, 2008
Michael Rudell Speaks on Publishing Panel	Firm News
Virginia symposium covers range of literary publishing topics.

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.

Oct 12, 2007
Michael Rudell and Eric Brown Speak at ABA Forum	Firm News
Panel discussion treats literary publishing issues

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

Aug 1, 2007
Michael Rudell Named a "Power Lawyer"	Firm News
Listed by Hollywood Reporter among top "dealmakers" in entertainment industry

Jul 24, 2007
FWRV Maintains Top Ranking in Entertainment Law	Firm News
2007 Chambers USA names Franklin Weinrib one of New York's four top-ranking media and entertainment firms working in theater, film, television and music.

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

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

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

Oct 16, 2006
Michael Rudell Named to Lawdragon 500	Firm News
Included Among 500 Leading Lawyers in America

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

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

Oct 28, 2005
Google Print	Articles
Suits by Authors and Publishers Against Google Raise Fair Use Questions

Oct 1, 2005
Michael Rudell Wins Award	Firm News
The distinguished 2005 Ed Rubin Service Award, for exemplary service and leadership.

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

Jul 22, 2005
Ashanti's Motion For Summary Judgment	Articles
Summary Judgment In Breach Of Contract Suit Is Denied

Apr 22, 2005
Court Upholds Decision	Articles
Court Upholds Decision Allowing Record Company to Release Recordings in Digital Format Over the Internet

Mar 25, 2005
Lord of the Rings Complaint	Articles
Complaint Filed by Writer and Director of Lord of the Rings

Feb 25, 2005
Definition of Motion Picture Profits	Articles
Definition of Motion Picture Profits Held to Include Gross Proceeds

Jan 28, 2005
Tax Credits Granted to NYC Film Producers	Articles
Legislation Enacted Granting Tax Credits to Producers of Films in New York City

Dec 17, 2004
Claims Against Author	Articles
Court Allows Certain Claims Against Author to Proceed

Oct 22, 2004
Compulsory License Provision	Articles
Court Strictly Construes Time Limits In Compulsory License Provision

Sep 23, 2004
Amount of Damages Depends on Number of Works	Articles
Court Holds that Amount of Damages Depends on Number of Works Infringed, Not Number of Infringements

Aug 27, 2004
Court Refuses to Disqualify Firm	Articles
Court Refueses to Disqualify Firm in Copyright Infringement Case

Jun 25, 2004
Marvel Enterprises in Federal Court Action	Articles
Insurance Company Held Obligated to Defend Marvel Enterprises in Federal Court Action

May 28, 2004
Clive Cussler Suit	Articles
Clive Cussler Sues to Enforce Approved Rights

Apr 23, 2004
Publisher Subject to South Carolina Jurisdiction	Articles
Publisher, But Not Author, Subject to South Carolina Jurisdiction

Feb 27, 2004
Connie Francis Recordings	Articles
Court Upholds Issuance of Synchronization Licenses of Recordings by Connie Francis

Jan 23, 2004
Eminem Not Liable	Articles
Eminem Not Liable for Substantially True Lyrics

Dec 26, 2003
Use of Unlicensed Clip	Articles
Use of Unlicensed Clip in Comedy Central Program is Fair Use

Oct 24, 2003
Option Agreement for Potential Franchise Film	Articles
Provisions in Option Agreement for Potential Franchise Film

Sep 26, 2003
Tiger Woods' Name and Likeness	Articles
Use of His Name and Likeness Held Not Violative of the Rights of Tiger Woods

Aug 22, 2003
Use by Hip-Hop Artist	Articles
Use by Hip-Hop Artist of "Wonderful World" in Rap Song Held to Be Fair Use

Jul 25, 2003
Lanham Act Does Not Prevent Unaccredited Copying	Articles
Lanham Act Does Not Prevent Unaccredited Copying of Work in the Public Domain

May 23, 2003
Dismissal of Fox Suit	Articles
Court Affirms Dismissal of Fox News Network Suit

Apr 25, 2003
G.I. Joe Suit	Articles
Attorneys' Fees Awarded in "G.I. Joe" Suit

Mar 28, 2003
Right to Contingent Compensation	Articles
Contract Providing for Right to Contingent Compensation Does Not Create a Fiduciary Relationship

Feb 28, 2003
Addendum to Contract Constitutes a "Writing"	Articles
Addendum to Contract Constitutes a "Writing" Under Copyright Act

Jan 24, 2003
Fraudulently Induced Releases Claim Denied	Articles
Claim That Releases Were Fraudulently Induced Is Denied

Dec 17, 2002
Work For Hire Designation	Articles
Court Upholds Challenge to Work For Hire Designation in Settlement Agreement

Nov 22, 2002
Publisher Breached Contract	Articles
Publisher Breached Contract in Rejecting Manuscript

Oct 25, 2002
Use of Videos of Reginald Denny Beating	Articles
Court TV's Use of Videos of Reginald Denny Beating Held to be Fair Use

Sep 17, 2002
"The First 9-1/2 Weeks"	Articles
Licensor of Right to Produce Motion Pictures Based on "9-1/2 Weeks" Not a Necessary and Indispensable Party

Aug 23, 2002
Publisher Did Not Act in Bad Faith	Articles
Publisher Did Not Act in Bad Faith in Rejecting Author's Manuscript

Jun 28, 2002
Grammer to Pay Agency Commissions	Articles
Court Upholds Arbitration Award Requiring Grammer to Pay Agency Commissions

May 24, 2002
"Blair Witch" Distributor Denied Summary Judgment	Articles
Court Denies Summary Judgment to Distributor of the "Blair Witch" Films

Apr 26, 2002
Record Distributor Held Liable	Articles
Record Distributor Held Liable for Infringement Without Establishing Producer's Liability

Feb 22, 2002
"Ethics for the Entertainment Lawyer"	Articles
Panel Discusses "Ethics for the Entertainment Lawyer"

Jan 18, 2002
Clips from "G.I. Joe"	Articles
Broadcasters Allowed to Use Clips From "G.I. Joe" in Mitchum Obituaries

Dec 28, 2001
A "Sleazy Talent Agent"	Articles
Concept of a "Sleazy Talent Agent" Not Protected by Copyright

Oct 26, 2001
Registration of Derivative Work Prerequisite	Articles
Registration of Derivative Work Held to be Prerequisite of Copyright Infringement Suit

Sep 28, 2001
Branding Agreements	Articles
Branding Agreements in the Literary Publishing Industry

Jul 27, 2001
Dustin Hoffman Damage Award	Articles
Court Overturns Damage Award to Dustin Hoffman

Jun 22, 2001
Right of Publicity and First Amendment	Articles
Court Borrows from Copyright Law in Reconciling Right of Publicity with the First Amendment

Apr 27, 2001
Motion Picture Clips and Fair Use Doctrine	Articles
Use of Motion Picture Clips Protected by Fair Use Doctrine

Mar 23, 2001
Court Imposes Right to Assign Restriction	Articles
Court Imposes Restriction on Exclusive Licensee's Right to Assign

Feb 23, 2001
NAPSTER Nipped	Articles
NAPSTER Nipped by Ninth Circuit

Jan 26, 2001
Claims Against Seinfeld Creators Dismissed	Articles
Court Upholds Dismissal of Claims Against Seinfeld Creators

Dec 22, 2000
Recordings Over the Internet	Articles
Record Companies Allowed to Distribute Recordings Over the Internet

Nov 24, 2000
TV Show Photographs	Articles
TV Show Photographs: Neither Works Made For Hire Nor Joint Works

Oct 27, 2000
Oral Agreement Not Binding	Articles
Court Holds Preliminary Oral Agreement Not Binding

Sep 22, 2000
Contract Claim Preempted	Articles
Implied Contract Claim Preempted by Copyright Act

Jun 23, 2000
Theft of Idea Standards	Articles
Different Standards Applicable in Theft of Idea Cases

May 26, 2000
Use of Photographs	Articles
Use of Photographs with Newsworthy Article Upheld

Apr 28, 2000
Co-Authorship Claim Denied	Articles
Court Denies Claim of Co-Authorship of Movie

Mar 24, 2000
Producer Ordered to Modify Credit	Articles
Producer Ordered to Modify Credit to Avoid Confusion

Feb 25, 2000
False Advertising Complaint	Articles
Complaint Against Publisher For False Advertising

Dec 30, 1999
At the Millennium	Articles
At the Millennium

Nov 25, 1999
License of Motion Pictures Preempted	Articles
State Law Regulating Exclusive License of Motion Pictures Preempted by Copyright Act

Oct 22, 1999
Authors Prevail in Suit	Articles
Freelance Authors Prevail in Suit Involving Their Contributions to Collective Works

Sep 24, 1999
Out of Print Clauses	Articles
Out of Print Clauses and the Authors Guild Reprint Agreement

Aug 27, 1999
Infringement in TV Pilot Copyright	Articles
Damages Resulting from Infringement in Television Pilot Copyright

Jun 25, 1999
Rio Music Player	Articles
Rio Music Player Held Not Violative of Audio Home Recording Act

May 28, 1999
Exception to Privacy Statute	Articles
Court Certifies Questions of Newsworthiness Exception to Privacy Statute

Apr 23, 1999
"Girl From Ipanema"	Articles
"The Girl From Ipanema" Claims Dismissed

Mar 26, 1999
Dustin Hoffman Decision	Articles
Hoffman Awarded Compensatory and Punitive Damages for Unauthorized Use of Name and Likeness

Feb 26, 1999
TV Station Enjoined	Articles
Television Station Enjoined from Enforcing Non-Compete Provision

Jan 22, 1999
Protecting Residual Payments	Articles
Protecting Residual Payments to Talent Covered by Guilds Statute Obligates Transferees of Rights In Motion Pictures Produced Under Collective Bargaining Agreements To Pay Residuals

Dec 30, 1998
Misleading Motion Picture Advertisements	Articles
Confusion is Presumed in Misleading Motion Picture Advertisements

Nov 27, 1998
SAG and Duty of Fair Representation	Articles
Screen Actors Guild Held Not to Have Breached Duty of Fair Representation

Oct 23, 1998
Tiny Toons Characters License	Articles
License of Tiny Toons Characters Held Not to Infringe Rights Under Looney Tunes Agreement

Aug 28, 1998
Investor's Claim Denies	Articles
Investor's Claim of Reliance on Oral Statement Denied

Jul 24, 1998
"Rent" Decision	Articles
Upholding the "Rent" Decision on Co-Authorship

May 22, 1998
First-Sale Doctrine	Articles
Applying First-Sale Doctrine to Rights of Publicity

Apr 24, 1998
"Naked Gun" Ad	Articles
Parody and Fair Use in "Naked Gun" Ad

Mar 27, 1998
Cable Competitors' Dispute	Articles
Cable Competitors' Dispute Over Services of Employee

Feb 27, 1998
Perpetual Distribution Rights	Articles
Perpetual Distribution Rights and the Initial Copyright Term

Jan 23, 1998
"Amistad" Enjoinment Denied	Articles
Why The Motion To Enjoin "Amistad" Was Denied

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