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Neil's practice focuses on new media transactions and privacy issues; content clearance for broadcast, publication and online distribution; opinion work and counseling respecting copyright, rights of privacy, and defamation matters; literary publishing; performing arts; trademark licensing, celebrity endorsements, and branding. The independently researched 2006 edition of Chambers USA, America's Leading Lawyers for Business specifically cited Neil as one of the city's "leading individuals" in Media and Entertainment commercial practice, noting his "expertise in new media matters." Neil also was named a "Super Lawyer" in the 2006 edition 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 Manhattan lawyers and an evaluation by a "blue ribbon panel of preeminent peers" in each area of practice.
Neil's views on copyright and libel law have been cited in New York Magazine, TV Guide, Business Week and other publications. Representative speaking engagements include: "Overview of Rights, Licenses and Sources Respecting Music for Ringtones and Other New Technologies," sponsored by the CMJ Music Marathon; "Copyright Terms and Terminations: Do the Math," sponsored by the New York State Bar Association's Committee on Copyright and Trademark of the Entertainment, Arts and Sports Law Section; and "A Short Test for Fair Use of Borrowed Works in Documentary Films," presented at "Fair Use and Parody: Misappropriation of Intellectual Property or Creative Expression for Arts' Sake?" sponsored by New York County Lawyers' Association. Neil has also presented Continuing Legal Education seminars sponsored by the American Conference Institute, the Licensing Law Institute, IBC Legal Studies and Services (London), and has been a live commentator on Court TV.
Neil has written a book, The Practical Guide to Libel Law, and many articles about these subject areas. He is a co-writer (with partner Michael I. Rudell) of the bi-monthly "Entertainment Law" column for the New York Law Journal. Neil's 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); "Releases For Docudramas: When Are They Advisable And What Goes Into Them?" (Published in Communications Lawyer, a publication of the American Bar Association); "The Four DMCA "Safe Harbors": Exemptions For Online Service Providers From Liability For Copyright Infringement."
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; a member of Copyright Society; an advisory board member of The Licensing Journal; 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 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.
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.
Representing packagers of music-related websites, including negotiating and drafting agreements to acquire rights in music, text and graphics.
Advising companies with online sites about laws and regulations applying to the use of private information.
News & Articles: 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.
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