RICHARD J. IDELL

San Francisco Attorney at Law

Member
San Francisco Entertainment Lawyer richard.idell@idellseitel.com
Phone: 415-986-2400
Cell: 415-269-0108
Facsimile: 415-392-9259

Born: Trenton, New Jersey, November 27, 1948

Education: University of California at Berkeley, A.B., 1970, Golden Gate University, J.D., 1975

Admission to Bar: 1976, California

Biography:

Richard Idell is a principal and founding member of Idell & Seitel LLP. Idell & Seitel LLP is a boutique San Francisco firm engaged in a litigation and transactional civil law practice with particular emphasis on legal issues concerning the intersection of the entertainment and technology industries.

Mr. Idell has both a trial and transactional practice and has handled a wide range of litigation matters in both State and Federal Court in the last 30 years, involving complex business disputes, complex investment banking transactions, including tax shelters, copyright, trademark, unfair competition, trade secret, Internet law (including Internet trademark and copyright issues, domain name disputes, search engine issues, key word and other advertising issues and related matters), real estate matters, construction disputes, professional negligence (including complex attorney-client fee disputes, attorney malpractice, accountancy malpractice, architectural malpractice and insurance broker negligence claims), insurance matters and tort claims.

Mr. Idell's entertainment litigation practice includes matters concerning licensing, copyright, trademark, trade dress, unfair competition, Internet issues and live entertainment performance issues including artist agreements, tour agreements, tour joint ventures, sponsorship contracts, publicity rights, domain name disputes, force majeure issues, venue liability for patron claims, insurance, indemnity, ADA compliance, venue construction, CEQA matters, land-use and easement issues, numerous insurance and real estate matters, including complex commercial lease disputes, purchase and sale disputes and tort law.

Mr. Idell has handled many litigation matters requiring pursuit of provisional relief, such as attachments, claim and delivery, temporary restraining orders and preliminary injunctions. He has handled dozens of copyright seizure cases using the ex parte seizure remedies of Section 503 of the Copyright Act and comparable remedies under the Lanham Act.

Mr. Idell's transactional practice primarily involves live entertainment issues, music, and film. He is advisor and counsel to entertainment and technology endeavors and in particular to firms engaged in presentation of live entertainment performances, theatre, music, film, video production and audio-visual delivery.

Mr. Idell has served as an expert witness in a variety of litigation matters involving standard of care, copyright issues and reasonableness of attorney billings. He is a frequent lecturer at local and national legal conferences. He is on the Governing Committee of the American Bar Association Forum on the Entertainment and Sports Industries. Mr. Idell is on the Board of the Bill Graham Memorial Foundation. He former Board President (and current board member) of the California Film Institute, which, among other nonprofit endeavors, presents the annual prestigious Mill Valley Film Festival and operates the Christopher B. Smith Rafael Film Center in San Rafael, California (a fully renovated art deco theatre). Mr. Idell, as Board President of the California Film Institute was instrumental in the acquisition by a private investment group of the Sequoia Theater in Mill Valley to preserve that landmark building for ultimate acquisition by the California Film Institute. He is on the Board of Trips for Kids of San Rafael. He is on the Board of Playground, a nonprofit promoting and developing the work of new playwrights in the context of a community theatre environment.

Mr. Idell is a member of the Bar Association of San Francisco, the State Bar of California (Intellectual Property Section and Business Sections), the International Association of Entertainment Lawyers ("IAEL"), the American Bar Association Forum on the Entertainment and Sports Industries and the Bay Area Gastronomique Entertainment Lawyers Society (“BAGELS”).

Mr. Idell and his wife are grape growers in Sonoma Valley and Mr. Idell's practice includes wine industry issues. Mr. Idell’s practice includes representation of grape growers, winery owners, wine bottle manufacturers, wine barrel purveyors and others in the industry. Mr. Idell and his wife produce wine under Idell Family Vineyards and the brand "Oscar".

Mr. Idell obtained an A.B. University of California at Berkeley 1970 and his J.D. from Golden Gate University School of Law in 1975. He was admitted to the California Bar in 1976. He practiced law with the Honorable Judge Carlos Bea of the Ninth Circuit from 1977 to 1986, forming the predecessor to the current firm in that year.

Associations:

American Association Intellectual Property Section
American Bar Association Forum on the Entertainment and Sports Industries
American Bar Association Labor Law Section Committee on Entertainment and Sports Industries
American Bar Association Disputes Resolution Section
State Bar of California
State Bar of California Business Law Section
State Bar of California Intellectual Property Section
State Bar of California Litigation Section
State Bar of California Real Estate Section
The Copyright Society of Northern California
Bay Area Gatronomique Entertainment Lawyers Societé (“BAGELS”)
International Associations of Entertainment Lawyers (“IAEL”)
California Lawyers for the Arts
San Francisco Trial Lawyers Association
Lawyer Friends of Wine
Grower Member Sonoma Valley Vintners & Growers Alliance (“SVVGA”)

Seminars:

Panelist, Webinar, “Concerts, Festivals, Touring and Personal Appearances Update”, American Bar Association Forum on Entertainment and Sports Law Industries, June 22, 2011.
Panelist, Copyright Society of the USA, Mid-Winter Meeting, Creativity and the Law: Life of a Creative Project: Collaboration from Concept to Copyright, Santa Fe, February 3-5, 2011
Moderator, Forum on the Entertainment and Sports Law Industries Annual Meeting, “Cloud Based Content: Business and Legal Issues”, Las Vegas, Nevada, October 8, 2010
Moderator, American Bar Association Annual Meeting, Forum on the Entertainment and Sports Law Industries, “From Music, Film and Art to Motorcycles and Other Sports: Hot Issues and Disputes in Entertainment, Art and Sports Licensing Deals”, San Francisco, California, August 6, 2010
Panelist, Gamer Technology Law, "Top 10 Litigation Matters of 2008," March 9 and 10, 2009, Los Angeles, California
Program Chair, ABA Forum on the Entertainment and Sport Industries, 2008 Annual Meeting in Los Angeles, California, October 16 to 18, 2008
Moderator, ABA Forum on the Entertainment and Sports Industries, "Ethical Considerations and Obligations of Lawyers Who Counsel Artists and Athletes on Investment Management Issues", October 17, 2008, Los Angeles, California
Moderator, ABA Forum on the Entertainment and Sports Law, “Rights of Publicity and Privacy”, October 17, 2008, Los Angeles, California
Moderator, ABA Forum on the Entertainment and Sports Law, “Agents, Managers and Representatives”, October 17, 2008, Los Angeles, California
Moderator, Mill Valley Film Festival presented by the California Film Institute, “Independent Film: Why the Panic?,” October 4, 2008, Mill Valley, California
Panelist, Online Market World, “Fraudulent Trends and What to Do About Them,” October 2, 2008.
Panelist, MusicTech Summit II, “Copyright Issues in Music Law”, May 8, 2008, San Francisco, California
Panelist, Gamer Technology Law, “The Litigation Horizon: What People Need to Know about Product Liability and Class Action Suits; Potential Plaintiff Theories; Tips for Calculating your Exposure; Defensive Strategies”, March 27 and 28, 2008, Los Angeles, California
Panelist, International Association of Entertainment Lawyers 2008 MIDEM Presentation, January 27, 2008, Cannes, France
Panelist, State Bar of California, Intellectual Property Law Section, 32nd Annual Intellectual Property Institute, “Piracy: Injunctive Relief from the Trenches,” November 8-10, 2007, Monterey, California
Moderator, 30th Annual Mill Valley Film Festival, “The Future is Now: New Trends in The Specialty Film Market,” October 6, 2007, Mill Valley, California
Panelist, Online Market World 2007, “Innovation and Liability: Managing Risks in the Web 2.0 Era,” October 3-5, 2007, San Francisco, California
Panelist, South by Southwest Music Conference, CLE Panel on Entertainment Contract Issues, March 19, 2005, Austin, Texas
Panelist, Beverly Hills Bar Association, "Entertainment Law Year In Review & Update of The Law," January 19, 2005, Los Angeles California
Moderator, Bar Association of San Francisco, "2001 Annual Licensing Institute," September, 2001, San Francisco, California
Panelist, Practicing Law Institute, "Counseling Clients in the Entertainment Industries," April, 2001, Los Angeles, California
Panelist, Streaming Media Asia 2001, "Protecting Your Content Against Copyright Theft-- Digital Rights Management and Protection of Copyright," May 4, 2001, Hong Kong
Panelist, Bar Association of San Francisco, "Breaking into the Sports and Entertainment Industries," November, 2000, San Francisco, California
Moderator, ABA Forum on the Entertainment and Sports Law, "Live Entertainment Performance Issues," October, 2000, Orlando, Florida
Moderator, ABA Forum on the Entertainment and Sports Law, "The Impact of Consolidation in the Concert Industry," October 13, 2000, Orlando, Florida
Panelist, North by Northwest Music Conference (NXNW), "Sex and the Digital Millennium Copyright Act," September 21, 2000, Portland, Oregon
Panelist, Emerging Artists and Talent in Music Conference (Eat'M), "Artists and Managers," June 6, 2000, Las Vegas, Nevada
Panelist, Practicing Law Institute, "Counseling Clients in the Entertainment Industries," April 13, 2000, Los Angeles, California
Panelist, South by Southwest Music Conference 2000: Continuing Legal Education, "The Effect of Consolidation on the Concert Industry," March 17, 2000, Austin, Texas
Panelist, South by Southwest Music Conference 2000: Continuing Legal Education, "Streaming Media," March 14, 2000, Austin, Texas
Panelist, California Lawyers for the Arts, Music Business Seminar, "Working with Live Performance Presenters," September 25, 1999, Oakland, California
Panelist, Emerging Artists and Talent in Music Conference (Eat'M), "Live Performance Contracts," May 19, 1999, Las Vegas, Nevada
Panelist, Louisiana Music New Orleans Pride ("LNMOP"), "The End of the World as We Know It," April 25-29, 1999, New Orleans, Louisiana
Panelist, Louisiana Music New Orleans Pride ("LNMOP"), "RIAA v. Diamond Multimedia Systems," April 25-29, 1999, New Orleans, Louisiana
Lecturer, South by Southwest Music Conference: 1999: Continuing Legal Education, "Live Entertainment Performances-- Legal Issues," March 19, 1999, Austin, Texas
Panelist, Sports and Entertainment Section, San Francisco Bar Association, Entertainment Licensing Seminar, "Litigation of Licensing Rights," January, 1999, San Francisco, California
Panelist, California Lawyers for the Arts: "Overview of Music Management," October 27, 1998, Oakland, California
Moderator and Panelist, Sports and Entertainment Section, San Francisco Bar Association, Entertainment Licensing Seminar, "Enforcement and Litigation of Licensing Rights," January 23, 1998, San Francisco, California
Panelist, California Lawyers for the Arts, Riding the Shoulder: Cutting Edge Issues in Multi-Media, "Dealing With Lawyers," June 7, 1997, San Francisco, California
Lecturer, California Lawyers for the Arts, "Clearance Issues in Film Projects" 1997, Fort Mason, California
Panelist, National Business Institute, "The Law of the Internet," 1997, San Francisco, California
Panelist, California Lawyers for the Arts: Music Business Seminar, "From Demo Tapes to Recording Contracts," November 9, 1996, Oakland, California
Moderator and Program Coordinator, The Sports and Entertainment Section of the Bar Association of San Francisco, "Shopping" the Deal and Its Aftermath, January 17, 1996, San Francisco, California
Panelist, San Francisco Trial Lawyers Association, "Legal and Evidentiary Issues in a Professional Negligence Case," 1996, San Francisco, California

Publications:

Author, Chapter on "Venues: Festivals" for the International Association of Entertainment Lawyers Publication "Live Entertainment - An International Handbook" presented at MIDEM, Cannes, France, January 2011.
Click here to read.
Arthor, "Compliance Issues Heat Up With Outdoor Summer Concerts", Los Angeles Daily Journal, June 16, 2009.
Author, "Must the Show Always Go On? Better Check the Contract", Los Angeles Daily Journal, May 12, 2009.
Author, "Indemnity Policies Are Crucial To Setting The Stage For A Smooth Live Show", Los Angeles Daily Journal, May 5, 2009.
Author, "A Concerted Effort", Los Angeles Daily Journal, April 21, 2009.
Author, Website Magazine, “Online Marketing Campaigns and Legal Considerations,” August 3, 2007.
Author, "Dos and Don'ts of Online Marketing Campaigns", 2007.
Author, "Listen to What the Man Said: L'Anza and Section 602 of the Copyright Act, " Multimedia & Entertainment Law Online News, Vol. 402, 1998
Author, "Insurance and Indemnification Issues in Live Performance Agreements," Multimedia & Entertainment Law Online News, Vol. VI, Number 603, 2000

Quoted:

Quoted/Information Source, San Francisco Chronicle, "Investors Say Promoter Owes Them $2 Million", May 11, 2009.
Quoted/Information Source, FOXNews.com, "As Cathy Seipp Lay Dying, Her Nemesis Took His Parting Shot on the Web," March 28, 2007.
Quoted/Information Source, MetroActive.com, "Sex, Lies and Video Porn," May 30-June 5, 2007.
Quoted/Information Source, The Recorder, "It's All About Image," July 26, 2007.
Quoted/Information Source, North Coast Journal, “Money on Trees,” October 4, 2007.
http://www.northcoastjournal.com/100407/cover1004.html
Quoted/Information Source, North Coast Journal, “Trees Foundation Wins,” October 11, 2007.
http://www.northcoastjournal.com/101107/news1011.html
Quoted/Information Source, Daily Journal, "Melding Law and Film Festival," October 15, 2007.
Quoted/Information Source, The Recorder, "SF Lawyer Gets In on Film Festival’s 30th Anniversary," October 15, 2007.
Quoted/Information Source, Cade, Metz, The Register, “Archived Chinese scholar to sue Google and Yahoo! over search censorship,” February 7, 2008
Quoted/Information Source, Kopytoff, Verne, SFGate.com, “Yahoo Weighs Outsourcing Search Ads to Google,” February 9, 2008.
Quoted/Information Source, NewTeeVee, “Would Filtering YouTube Make it More Liable,” March 24, 2008.

Richard Idell provides mediation services. For scheduling, please contact Mr. Idell directly at: 415-986-2400 or Richard.idell@idellseitel.com