More about Marc

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For more than twenty years I’ve been proud to work with musicians, writers, filmmakers and companies that are creators, owners or users of creative works. I guide clients through contract negotiations and dispute resolutions. While I practice mostly copyright and entertainment law (scroll down for my resume), my colleagues and I handle a variety of litigation, corporate and other matters, both for companies and individuals.

And maybe you’ve noticed the piece of music on this page? It isn’t clip art. Clip art would look better. That music, in my barely legible hand, is the theme to a jazz tune I wrote called The Only Thing That Keeps Me Sane Is Song.  And yes, I gave myself permission to put it there.

After spending my day helping clients solve their legal and business problems, writing songs and even doing an occasional gig helps me relax and stay sane.  It also keeps me connected to the creative side of the music business as I’ve spent many years working in that industry.

For example, from 2006-2008, I ran the U.S. office of Boosey & Hawkes, the classical music publishing company representing many of the greatest composers of the 20th and 21st centuries, including many Pulitzer Prize and Grammy Award winners. I streamlined operations, increased profitability and dealt with personnel issues while also overseeing all licensing and contractual matters. I also personally signed several NEA Jazz Masters to the roster.

After Boosey, I was the creative force behind ScoreStreet, an online music publishing service. I’m now also Of Counsel to Winslett Studnicky McCormick and Bomser LLP, a litigation and corporate boutique with a broad IP and entertainment law practice.

Here’s some additional background in a more typical presentation:

Prior to joining Boosey in 2004 as Vice President, Business Affairs, Marc was a Senior Attorney with BMI, where he prosecuted copyright infringement lawsuits, defended the company in cases involving songwriters, publishers and labels and advised management on legislation affecting songwriters. From 1995 until joining BMI in 1998, Marc was the General Counsel of Second Floor Music, a music publisher specializing in jazz.

Before entering the music business, Marc attended the University of Pennsylvania and the University of Chicago Law School. After graduating, he was in private practice, first with a large international firm and then a mid-size firm in New York, concentrating in commercial litigation.

Marc was recently engaged by Cardozo Law School to create a curriculum for a music law course for its FAME (fashion, arts, media, entertainment) Center, which he will teach in Spring 2017. He has also taught music business and arts entrepreneurship courses at Rider University and is a frequent speaker at industry forums and educational institutions.  He has served on the Board of the NY Chapter of the Association of Independent Music Publishers and as a Trustee of the Copyright Society of the USA. Marc also provided material on grand rights licensing and rental of performance materials for the treatise, “Kohn on Music Licensing” (Aspen Press, 4th Ed., 2010).

I’m also an avid tennis player and during the holidays I post my amusing song, “Let’s Have a Jewish Christmas,” on YouTube, where it’s enthusiastically received by my family and friends. And I’ll keep writing songs until somebody pays me to stop.

Education

University of Chicago Law School, Chicago, Illinois.  J.D. 1989.

University of Pennsylvania, Philadelphia, Pennsylvania.  B.A, magna cum laude, 1986.

Teaching and Speaking Engagements

Adjunct Professor, Benjamin N. Cardozo School of Law of Yeshiva University (Music Law, Spring 2017)

Adjunct Professor, Westminster College of the Arts of Rider University (Recording Industry Seminar, Spring 2016, Fall 2013, Spring 2013 and Spring 2011; Independent Study Supervisor, Fall 2011; Copyright and Music Publishing Seminar, Fall 2010)

Featured Speaker, Juilliard Composers’ Forum (October 2016, October 2010, May 2005)

Featured Speaker, New York University Composers’ Forum (February, 2016, September, 2013, February 2013)

Featured Speaker, Curtis Institute of Music Composer’s Forum (December 2014)

Featured Speaker, Pace Law School / Hudson Valley Bank CLE on Music Law (May 2010)

Panelist, Manhattan Association of Cabarets and Clubs (MAC), Business of Cabaret (March 2010)

Panelist, MIDEM Jazz panels (January 2009)

Panelist, International Association for Jazz Education (January 2008)

Featured Speaker, Long Island University, Brooklyn Campus (November 2007; March, 2005)

Moderator, Association of Independent Music Publishers (Internet Marketing and Analytics Panel, February 2010; Sheet Music Panel, May 2009; YouTube Litigation Panel, September 2007; Grand Rights Panel, May 2006)

Featured Speaker, Manhattan School of Music (May 2007)

Judge, Semifinals, BMI/Cardozo I.P. Moot Court Competition (2005-2006)

Panelist, American Intellectual Property Law Association (Mid-Winter 2004; Annual 2003; Spring, 2001)

Featured Speaker, New York Intellectual Property Lawyer’s Association (December, 2002)

Video

Marc was interviewed in Episode 14 (ASCAP, BMI, DOJ and 100% licensing) and Episode 4 (copyright & fair use) of the Music Publishing Podcast, hosted by composer, Dennis Tobenski.

Articles

“Finding Transformative Use in Fair Use Cases,” Copyright & New Media Law, Vol. 20, No. 2 (Digital Information Law, Spring 2016)

“The Copyright Act as It Relates to Musical Works,” The Licensing Journal, Vol. 35, No.9 (Wolters Kluwer, October 2015)

Several of Marc’s blog posts have been featured on The Dean’s List, a major music industry blog.

NewMusicBox, Guest Blogger (4 articles published September 2015). Topics included creative collaborations and fair use.

Getting Permission To Use Copyrighted Texts In Musical Works  (Songwriter 101,  October 2010)

Composing for Orchestras and Other Ensembles, Part II: Doing The Deal (Songwriter 101, September 2010)

Composing for Orchestras and Other Ensembles, Part I: Getting The Gig (Songwriter 101,  August 2010)

Updated versions of the Songwriter 101 articles are also available on my blog.

Letter to the Editor, New York Times Magazine, November 30, 2008

Co-author, “Music Industry to MP3: Resistance Is Futile” Corporate Counsel, July 2000.

Press

Marc was quoted extensively in the September 19, 2016 article, “Music Rights Orgs Can’t Rest Easy After Surprise Ruling,” as posted on the Law360 blog.

Marc has twice been profiled in Billboard (April 17, 2007 and billboard.biz September 10, 2008) as well as in Larry LeBlanc’s Celebrity Access Industry Profile (November 2008)

He has also been profiled twice at the Cornelia Street Cafe blog (October 17, 2011 and July 12, 2011), the renowned jazz and new music venue where he has performed his original compositions many times over the past several years.

Admitted to Practice

Licensed to practice law in New York state and federal (SDNY and EDNY) courts since 1990.

Memberships

Association of Independent Music Publishers (Board Member, NY Chapter, 2007-2010)

Copyright Society of the U.S.A (Trustee, 2007-2010)

Association of the Bar of the City of New York

American Composers Forum

*****

Music Publishers’ Association (Board Member and Chair, Copyright and Licensing Committee, 2005-2009)

ASCAP Symphonic and Concert Music Committee (Publisher Member, 2006-2008)