Intellectual Property/Media

Weil is among the elite firms at the forefront of IP issues related to media as the definition of media has changed over the past four decades. Our Intellectual Property/Media practice continues to set the pace in a world that is increasingly brand-focused, high-tech, digital, and dominated by social media.

Notable Representations, Key Contacts

This evolution is especially significant in the media and entertainment industries, driving legal disputes that are redefining the boundaries of antitrust, copyright, trademark, misappropriation, false advertising/Lanham Act, First Amendment, and commercial litigation issues. These developments affect all types of media companies – established and new – as well as numerous other content providers and hosts serving global businesses and consumers.

Against that backdrop, our IP/Media practice has developed an industry-wide reputation and record of success in a number of cutting-edge areas:

IP Litigation

  • Defense of Cutting-Edge Secondary Liability, Vicarious Liability, and Contributory Liability Claims. These claims collectively represent an increasingly deployed legal tool whereby intellectual property owners are attempting to impose liability on other parties that have indirect involvement in transactions involving claimed counterfeit or infringing content (e.g., web-based e-commerce platforms that allow users to sell products to other users). Our attorneys are uniquely experienced in handling these cutting-edge issues.
  • Disputes between Content Distributors and Content Providers. As traditional media distribution platforms such as cable and broadcast television adapt to increased competition from web-based and other digital distribution platforms, as well as to new high-definition content, there has been an avalanche of litigation between content providers (like television networks) and content distributors (like cable and broadband providers) relating to the rights to distribute this content. Our practice has long been at the forefront of such disputes.
  • Copyright Music Licensing Disputes. Weil has built the nation’s preeminent music copyright practice, which includes such clients as Pandora Media, Sirius XM Radio Inc., ABC, NBC, CBS, DMX, Inc., the local broadcast radio industry, the local broadcast television industry, dozens of cable networks, and a host of Internet-based music users. We have put an indelible stamp on music IP law that has defined – and is still shaping – the digital era through a series of precedent-setting licensing litigations and other proceedings involving the application of established legal doctrines to novel environments, whether they be television and radio broadcasts or wireless transmissions.

IP Counseling

Weil regularly counsels leading companies and organizations around the world on a wide variety of IP issues ranging from IP enforcement and brand protection to cutting-edge contributory liability issues to advertising and privacy/data protection issues – including in the transactional context.

Representative Matters

DMX Inc.

eBay

ESPN

HarperCollins Publishers LLC

Local Television Stations

McGraw Hill Financial, Inc.

Pandora Media

Procter & Gamble

Sirius XM Radio Inc.

Walt Disney Co. and Marvel Entertainment, LLC

Key Contacts

Bruce Rich

Bruce Rich

Partner

New York

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Recent Announcement

Ranked among the top 3 firms in Band 1 in New York for Media & Entertainment Litigation and known for “handling sophisticated matters in the digital and social media sectors” and offering “expertise in copyright and trademark disputes and First Amendment litigation.”

Chambers USA

Clients stress that “in the area of music licensing law, they are without parallel.”

Chambers USA

This international powerhouse handles a significant amount of work in the overlap between IP and media…" and "maintains its position at the cutting edge of media issues" by acting "for an enviable list of top media clients." Clients call us “true experts in the field,” and highlight our “practical, knowledgeable and well-staffed” practice.

Chambers USA

Clients underline the “phenomenal” results achieved by Weil’s IP/Media practice in the copyright, trademark, and internet law spaces, and highlight our “very deep bench.”

Chambers USA

In 2013, Weil earned “Practice Group of the Year” accolades in the Media and Entertainment space from Law360, and attorneys secured a Rising Star award and an MVP award in the same space.

Weil has been recognized as a “Top-Tier” firm for Intellectual Property, Copyright and a “Leading” firm for Intellectual Property, Trademarks: Litigation, and noted for “strong trial expertise and experience in bet-the-company matters”

Legal 500 US

Recognized in 2012 as both a leading IP practice and a standout firm in the “Lawyers to the Innovators” category for its work in the music licensing space.

2012 Financial Times US Innovative Lawyers Report

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