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Weil, Gotshal & Manges LLP

767 5TH AVENUE, NEW YORK, NY 10153, USA
Tel:
Work +1 212 310 8000
Fax:
Fax +1 212 310 8007
Web:
www.weil.com

Benjamin Marks

Tel:
Work +1 212 310 8029
Email:
Weil, Gotshal & Manges LLP

Career

Mr. Marks focuses on IP and media litigation, with an emphasis on copyright, trademark, misappropriation, and First Amendment disputes. He has handled a wide variety of matters for clients such as Pandora, Thomson Reuters, McGraw Hill Financial, Sirius XM Radio, and the Association of American Publishers. He frequently represents webcasters, television stations, television networks, and other music users in connection with the acquisition of, and litigation over, rights to perform musical compositions and sound recordings.

Education

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


United States: Intellectual property

Copyright

Within: Copyright

Experts in both legal and business issues’, the New York-based team at Weil, Gotshal & Manges LLP counsels major multinational companies, including Facebook and Walt Disney, on US and global copyright portfolios and is noted for its ability to work ‘seamlessly’ with in-house legal departments. The group in New York also has a strong music copyright licensing practice, which advises major domestic television and radio broadcasters as well as internet hosting companies. On the contentious side, Benjamin Marks has extensive experience representing clients before the Copyright Royalty Board (CRB) and successfully represented Pandora Media against the National Music Publishers’ Association (NMPA) and the Nashville Songwriters Association International (NSAI) in proceedings which will determine royalty rates for the on-demand streaming of musical works from 2018 to 2022. Distinguished practice chair Bruce Rich successfully represented eBay and Instagram in separate cases brought by photographers regarding copyright-infringing third-party content on the defendant’s website. Randi Singer and Todd Larson are also recommended.

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Trademarks: litigation

Within: Trademarks: litigation

At Weil, Gotshal & Manges LLP, the practice has particular expertise representing clients in the media and entertainment sectors. Practice co-chair Bruce Rich represented Alibaba in a number of actions brought by US brand owners. The well-regarded Randi Singer has been defending long-term client Houghton Mifflin Harcourt against a number of actions brought by Springboards to Education alleging trademark infringement. Other clients include eBay, Procter & Gamble and Discovery Communications. The practice is also led by Benjamin Marks. Named attorneys are based in New York unless otherwise mentioned.

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United States: Media, technology and telecoms

Media and entertainment

Within: Next generation lawyers

Benjamin Marks - Weil, Gotshal & Manges LLP

Within: Media and entertainment

A ‘top-notch name in the music space’, the New York-based team at Weil, Gotshal & Manges LLP recently represented Pandora Media in a trial in which the Copyright Royalty Board (CRB) set favorable sound recording royalty rates for the client, a decision which is being appealed by others in the music industry; and acted for Sirius XM in a music royalty rate setting proceeding before the CRB; Bruce Rich and Todd Larson led on both matters. Clients also praise Howard Chatzinoff, who is a key name for transactional work; the ‘excellentBenjamin Marks; Michael Aiello, who is advising Scripps Networks Interactive on its $15bn merger with Discovery Communications; and Yehudah Buchweitz, who is defending Showtime Networks in several putative class actions brought by customers who had paid to watch the ‘Fight of the Century’ but were unable to do so due to alleged insufficient bandwidth and server systems. Simon & Schuster, Alibaba Group and Univision are also clients.

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