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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
Email:
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

Weil, Gotshal & Manges LLP  is 'one of the premier copyright litigation practices in the US' and has 'a particularly good market knowledge of the music and digital music market'. Bruce Rich co-heads the practice and acted for Pandora in a royalties payment dispute with the Copyright Royalty Board regarding non-interactive streaming services such as internet radio and others. Also leading the team is Benjamin Marks, who is noted for his 'guidance', 'knowledge', 'patience', 'responsiveness' and 'expertise'. He also represented Pandora on a separate dispute concerning royalty rates regarding on-demand streaming, in this case brought by the National Music Publishers' Association and the Nashville Songwriters Association International.

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Trademarks: litigation

Within: Trademarks: litigation

Hailed for its ‘very strong brief writing and creative thinking’, the core strengths of Weil, Gotshal & Manges LLP lie in representing media and technology companies. The ‘very accessible’ Randi Singer ‘really cares about her clients’ and recently acted for Twitter in a Southern District of New York lawsuit which concerned infringing products hosted on the client’s platform. It was successfully argued that there was no concert between Twitter and Alurent, the owner of the infringing products, resulting in no penalties for the client. Benjamin Marks heads the practice alongside Bruce Rich and is currently representing Houghton Mifflin Harcourt in a trademark infringement and copyright royalty dispute with Vanderbilt University. eBay, Facebook and Discovery Communications are also clients. All named attorneys are based in New York.

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United States: Media, technology and telecoms

Media and entertainment: litigation

Within: Next Generation Partners

Benjamin Marks - Weil, Gotshal & Manges LLP

Within: Media and entertainment: litigation

Weil, Gotshal & Manges LLP's New York-based cross-departmental media and entertainment litigation practice group is jointly led by Bruce Rich and Benjamin Marks, who alongside Todd Larson successfully represented Pandora Media before the Court of Appeal for the D.C. Circuit, which upheld the favorable royalty rates set by the Copyright Royalty Board. Key matters in the television space include Yehudah Buchweitz's representation of Showtime Networks in a series of putative class actions relating to allegations of issues in connection with viewing the pay-per-view boxing match between boxing legend Floyd Mayweather and Conor McGregor, and the team's representation of A&E Television Networks in a dispute with The Weinstein Company (TWC) concerning A&E’s termination of certain agreements it had with TWC, including those relating to the TV series Project Runway and dozens of movies. The group is also acting for Oxford University Press, Cambridge University Press, the Association of American Publishers and SAGE Publications in a copyright infringement dispute with Georgia State University regarding the parameters of the fair use doctrine in the academic setting. Sirius XM Radio, Facebook and Getty Images are also clients; a team successfully defended the latter in a copyright infringement action brought by Zuma Press.

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