September 29, 2021
Head of Weil’s Intellectual Property & Media practice Benjamin E. Marks has been profiled in Law360 as a 2021 Media & Entertainment MVP. He is one of just five attorneys recognized nationally for outstanding achievements in the media & entertainment industry over the last year.
Law360 highlighted his March 2021 appellate victory for Getty Images in a long-running multibillion-dollar copyright infringement litigation. Following oral argument by Benjamin, the Second Circuit sided unanimously with Getty Images and affirmed the summary judgment dismissal of the lawsuit brought by a photo agency and numerous individual photographers. Finding that Getty Images had obtained a valid license to use the photos in question, the Second Circuit decision provides important guidance on the contours of copyright liability. Separately, The AmLaw Litigation Daily named Benjamin “Litigator of the Week” in connection with this win.
As one of the nation’s preeminent service-side music copyright practitioners, Benjamin also regularly leads global clients through critical licensing disputes, including rate-setting litigations. The Q&A profiled his recent accomplishments as lead trial counsel for Sirius XM and Pandora Media in a royalty rate-setting trial against the recorded music industry before the Copyright Royalty Board, the first such proceeding to be conducted virtually, and by far the longest.
The profile also highlighted Benjamin’s success as Co-Chair of Weil’s Pro Bono Committee, noting that the Firm’s attorneys provided nearly 80,000 hours of pro bono service over the past year.
"I'm extremely proud of the work that our firm does to serve those in need and to improve the communities in which we work and live," Benjamin told Law360.
His pro bono engagements include leading Weil’s representation of the American Medical Association in challenging a North Dakota law requiring doctors to tell patients that drug-induced abortions could be reversed. A bench trial is scheduled for next year. In granting a preliminary injunction blocking enforcement of the law, a federal judge ruled that the statute is “arguably unethical” and violates the First Amendment rights of physicians.
"I really like working on First Amendment issues and I always have, and this was a unique one as our firm has a strong commitment to defending and promoting reproductive freedoms as well," Benjamin said. "So when I learned about these state statutes and challenging them, I wanted to do this one myself.”