Seen differing reports and rumours...
IF fax and marvel can agree, would you want him to be on next Avengers film?
No. Even Hugh Jackman isn't powerful enough to defeat Hollywood lawyers. Marvel and Fox even fought over the use of Quicksilver, a secondary (maybe even tertiary) character. Wolverine, who has his own set of movies? Never.
I'm ambivalent about him being in the movie. I'm not a Wolverine fan. I tend to think whatever story you make, it's better without Wolverine. However, I think Wolverine has made a fine Avenger.