Mr Benjamin Marks > Weil, Gotshal & Manges LLP > New York, United States > Lawyer Profile

Weil, Gotshal & Manges LLP
767 5TH AVENUE
NEW YORK, NY 10153
NEW YORK
United States
Benjamin Marks photo

Position

Head of Weil’s Intellectual Property/Media practice

Career

Benjamin Marks is Head of Weil’s Intellectual Property/Media practice. He has served as lead counsel in copyright, music licensing, misappropriation, trademark, unfair competition, First Amendment, and media law cases for clients such as Pandora Media, Sirius XM Radio, Getty Images, S&P Global, the North American Concert Promoters Association, West Publishing, and Morgan Stanley, among others. For many years, Ben also has represented the Association of American Publishers in a wide variety of intellectual property matters. He has litigated several leading cases involving “hot news” and other common law misappropriation claims. Ben also frequently represents streaming services, television broadcasters, concert promoters, and other music consumers in connection with the acquisition of, and litigation over, rights to publicly perform musical compositions and sound recordings and secondary liability claims for performances by others.

Memberships

Adjunct Professor at NYU Law School, and serves on the Advisory Board of NYU’s Engelberg Center on Innovation Law & Policy.

Education

University of Pennsylvania (BA, 1993, magna cum laude); New York University School of Law (JD, 1997).

Lawyer Rankings

United States > Media, technology and telecoms > Media and entertainment: litigation

Weil, Gotshal & Manges LLP  fields a strong team in the music litigation space, with rate-setting proceedings standing out as an area of particular strength. The unit is additionally proficient in handling complex commercial litigation for publishers and televisual content creators and distributors.  First amendment and music licensing specialist Benjamin Marks leads the practice; in August 2022, his representation of Pandora Media in the long-running Phonorecords IV proceedings, which were argued in front of the Copyright Royalty Board, resulted in an industry-shaping settlement. Fellow music licensing expert Todd Larson  frequently appears alongside Marks, he co-led on the aforementioned proceedings and is also representing Kano Computing Limited in a copyright infringement case that lies on the intersection of music copyright litigation and new technology. Yehudah Buchweitz  specializes in antitrust matters and recently represented Paramount Global in a compensation dispute. Randi Singer , whose representation of Meta has included a broad array of IP-related matters, is another name to note. All advocates mentioned are based in New York with the exception of Singer, who divides her time between the practice’s New York and Silicon Valley offices.

United States > Intellectual property > Trademarks: litigation

Backed by the bench strength of its global network and noted by clients for its ability to bring ‘experience in dealing with complex and novelty trademark infringement cases’, the team at Weil, Gotshal & Manges LLP advises on issues of secondary liability and represents major players across sectors ranging from pharmaceuticals, e-commerce and tech, through to electronics, entertainment, and publishing. The team is led by Benjamin Marks, a specialist in pre-litigation, and trademark and music licensing disputes. Randi Singer brings expertise to acting in infringement litigation and Landham Act false advertising matters, acting for major brand owners, internet entities and e-commerce platforms in the process. Jessica Falk brings experience to disputes in fashion, media, and tech. All lawyers mentioned are in New York.

United States > Intellectual property > Copyright

(Leading lawyers)

Benjamin MarksWeil, Gotshal & Manges LLP

Backed by a global network, the copyright team at Weil, Gotshal & Manges LLP represents and advises social media platforms, digital music streamers, book publishers, and e-commerce companies on a diverse spectrum of copyright issues, including infringement and licensing disputes, secondary liability, and DMCA compliance. Benjamin Marks leads the team, bringing expertise to music copyright royalty cases, having recently helped music streamer Pandora secure a major settlement in August 2022 with US music publishers before the Copyright Royalty Board. Randi Singer represents clients in publishing, social media and e-commerce, including Meta and eBay, involved on complex infringement matters. Todd Larson specializes in the high-value negotiation of music publishing and sound recording performance licenses. In Washington DC, experienced litigator Mark Perry joined from Gibson, Dunn & Crutcher LLP in May 2022. Unless noted, all lawyers mentioned work in New York.