Benjamin E. Marks

United States

Weil, Gotshal & Manges LLP
767 Fifth Avenue
New York, NY 10153
United States

Tel: +1 (212) 310-8029

Email: benjamin.marks@weil.com
Web: www.weil.com

Professional Biography

Benjamin E. Marks is Head of Weil’s Intellectual Property & Media practice. His areas of concentration include copyright, trademark, music licensing, unfair competition, and First Amendment issues.

Benjamin has served as lead counsel in copyright, trademark, music licensing, misappropriation, and media law cases for clients such as Getty Images, Sirius XM, Pandora Media, S&P Global, MGA Entertainment, Houghton Mifflin Harcourt, and the North American Concert Promoters Association, among others. For many years, he has represented the Association of American Publishers on a wide variety of matters, including those involving intellectual property, First Amendment, and antitrust issues. Benjamin also frequently represents music users such as streaming services, television stations, television networks, concert promoters, and web site operators in connection with the acquisition of, and litigation over, rights to publicly perform musical compositions and secondary liability for performances by others.

Benjamin has received extensive recognition for his work in intellectual property and media law. Recent honors include being named a Top Entertainment Lawyer by Variety (2025) and “Copyright Practitioner of the Year” in the U.S. by Managing Intellectual Property (2024), which has also listed him as a national Copyright Star for many years. Billboard has recognized him as one of the country’s leading music lawyers for five consecutive years, and the National Law Journal named him a Sports, Gaming & Entertainment “Trailblazer” (2022). He was also a Media & Entertainment “MVP” by Law360 (2021) and received The American Lawyer Litigation Daily’s “Litigator of the Week” for a significant Second Circuit copyright victory.

Benjamin is ranked by Chambers USA for both Intellectual Property and Media & Entertainment Litigation, where clients highlight his deep industry knowledge and practical, strategic approach. Legal 500 consistently names him a Leading Lawyer in Media and Entertainment, Copyright, and Trademark Litigation, and the WTR 1000 has long recognized him as a Trademark Star for enforcement and litigation. He is also listed in the Lawdragon 500 guides to Leading Litigators in America and Leading Entertainment, Sports & Media Lawyers.

Benjamin is an Adjunct Professor at New York University School of Law and serves on the Advisory Board of NYU’s Engelberg Center on Innovation Law & Policy. He previously taught at the University of Pennsylvania Law School. Benjamin has published numerous book chapters and articles on copyright, trademark, media and entertainment law and is a frequent speaker on those issues.

In addition to serving as the Head of Weil’s IP/Media Litigation practice, Benjamin is the Co-Chair of Weil’s global Pro Bono Committee and oversees the Firm’s pro bono efforts worldwide.

Benjamin graduated magna cum laude from the University of Pennsylvania. He received his J.D. from New York University, where he served as an articles editor of the New York University Law Review.

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.

From leading social media companies to major entertainment companies to international financial services companies, clients turn to Weil to manage myriad intellectual property and related issues in the context of counseling and transactions, as well as prior to disputes and formal litigation. Our capabilities include a deep expertise in:

  • IP matters arising in mergers, acquisitions, spin-offs, and other global corporate transactions
  • False advertising/Lanham Act claims
  • Representations in investigations before federal and state regulators
  • Trade Secret Protection and Restrictive Covenants
  • Bring Your Own Device to Work (BYOD) Policies and Related Social Media Issues
  • Digital Millennium Copyright Act (DMCA) safe harbors and compliance requirements
  • Development of terms of service, fair use, and infringement risks (both direct and secondary)
  • Defenses associated with the clients’ service offerings and product development initiatives
  • Cutting-edge secondary liability issues, including contributory and vicarious infringement issues
  • Trademark and copyright licensing requirements
  • Trademark strategy, enforcement, and, when necessary, litigation
  • Music licensing

Weil, Gotshal & Manges LLP is a preeminent international law firm recognized for advising many of the world’s leading public and private companies, financial institutions, private equity sponsors, and governmental bodies. Founded in 1931, the firm has grown strategically to establish a strong presence across key global financial and business centers, including New York, London, Paris, Frankfurt, and Hong Kong. Weil is particularly well known for handling complex, high-profile matters that shape industries and markets.

The firm’s practice strengths span corporate, restructuring, litigation, and tax, with market-leading capabilities in private equity, mergers and acquisitions, bankruptcy and restructuring, and complex commercial litigation. Weil is frequently engaged for sophisticated cross-border transactions, groundbreaking restructurings, and matters that demand both business judgment and legal innovation. Its lawyers are consistently recognized by Chambers & Partners, Legal 500, and other leading directories for excellence and leadership across core practice areas.

Weil’s culture emphasizes collaboration, diversity, and the delivery of practical, business-oriented solutions. The firm is dedicated to pro bono service and community engagement, supporting access to justice and public interest initiatives worldwide. Through its combination of industry insight, global reach, and deep technical expertise, Weil continues to serve as a trusted advisor to clients navigating their most critical opportunities and challenges.

“Clients value Benjamin for his ability to break down extraordinarily complex copyright and licensing issues and translate them into clear, practical strategies. He has the rare ability to make both sophisticated business executives and non-specialists feel confident in their decision-making.“
IP Law Experts, 2025