Marc Jacobson has significant experience in the entertainment and Internet industries. He currently advises many clients on the business and intellectual property issues faced by entertainment businesses in the digital age. This includes matters relating to the creation, development and exploitation of intellectual property rights in internet-based content as well as film television, video, music and theatrical properties..Marc also advises companies on business and financing strategies in connection with such properties.
Marc Jacobson was recently interviewed by LegalMindsTV on the "Challenges of Film and Music Licensing in the Current Digital Environment"
Areas of Concentration
FILM, TELEVISION & VIDEO
Financing strategies, implementation and agreements
Production agreements: Cast, director and writer agreements; Literary option agreements; Producer agreements; Completion bonding agreements; Insurance obligations; Crew, location and other agreements; Music and other rights clearances
Distribution agreements: Print and advertising fund agreements; Foreign sales agency agreements; Video distribution agreements; Negative pick-up agreements
MUSIC
Music publishing
Domestic and foreign administration and sub-publishing agreements
Purchase and sale of catalogs
Recording agreements
Management agreements
Merchandising agreements
TALENT REPRESENTATION
Writers and songwriters
Directors
Producers
Actors and actresses
Musicians
Minors' contracts
THEATER
Approved production contracts for plays and musical plays
Acting agreements
Front money agreements
Financing agreements
INTERNET
Digital distribution of content
Online commercial ventures
Domain names / trademark disputes
Advice concerning Digital Millennium Copyright Act issues
BOOK PUBLISHING
Negotiation of book publishing agreements for Publishers and Authors
Representation of Literary Agents
Negotiation of Foreign Rights Agreements
Negotiation of Motion Picture and Television Option Agreements
Negotiation of Ancillary Rights, and Subsidiary Rights Agreements
Signficant Representations
Coordinated loans and tax planning strategy for major songwriters resulting in multi-million dollar payment to clients, and potential tax deferral for up to twenty years.
Developed business model for, and introduced many prominent music industry executives to board of directors for leading edge Internet-based music company offering ad-supported music.
Represented film maker in proving that certain music could be used free of charge in a major studio released picture, due to public domain status of these foreign works.
Concluded termination of music publishing joint venture, where client received 100% of its compositions back, plus a significant cash payment.
Negotiated the sale of a music publishing catalog where liens exceeded 125% of the purchase price and sellers received significant cash payment at the closing.
Testified before Congress on behalf of Internet Service Providers with respect to the Digital Millennium Copyright Act, as well as before the World Intellectual Property Organization regarding the Berne Convention.
Practice Areas: Marc Jacobson has significant experience in the entertainment and Internet industries. He currently advises many clients on the business and intellectual property issues faced by entertainment businesses in the digital age. This includes matters relating to the creation, development and exploitation of intellectual property rights in internet-based content as well as film television, video, music and theatrical properties..Marc also advises companies on business and financing strategies in connection with such properties.
Admitted: California, Florida, New York, Supreme Court of the United States, U.S. Court of Appeals, Second Circuit, U.S. District Court for the Central District of California, U.S. District Court for the Eastern District of New York, U.S. District Court for the Northern District of California, U.S. District Court for the Southern District of New York.
Law School: J.D., New York University School of Law
College: B.A., magna cum laude, State University of New York at Buffalo. Phi Beta Kappa.
As a result of Marc's broad business
and legal background, he is an advisor
to a diverse group of individuals and
companies in connection with production,
licensing, financing, recording, distri-
buting, publishing, joint venture, personal
service and related contracts. He handles
the purchase and sale of music publishing catalogs and the financing, production, and distribution of filmed entertainment.
Marc is also well known for his experience with regard to the approval and disaffirmance of minors' contracts. Additionally, as the former General Counsel, Chief Financial Officer and SVP of Public Policy for a major online service, Marc was a principal draftsman of the US Digital Millennium Copyright Act. He is also the founding Chairman of the New York State Bar Association Section on Entertainment, Arts and Sports Law.
Professional & Community Involvement
Adjunct Professor, Fordham University Law School, Entertainment Law, 2003-2004
Adjunct Professor, Law School of The City University of New York, Entertainment Law, 2001-2002
Founding Chairman, New York State Bar Association Section on Entertainment, Arts and Sports Law
Member, Board of Directors, Long Island Film and Television Foundation, 2001-present
Chairman of the Board of Advisors, The Internet Alliance, 1995-1999
Board of Directors, The Direct Marketing Association, 1994-1997
Member, Independent Feature Project
Member, The Copyright Society of the USA
Member, Association of Independent Music Publishers
Member, National Association of Television Arts and Sciences
News & Articles
Glamorous Investments: Tax Advantage Still Available for Film Investments (12/04/09)
Minors Contracts in the Entertainment Industry (9/01/04)
Digital Performing Rights in Sound Recordings: The U.S. Experience (10/1/02)
The U.S. Digital Millenium Copyright Act in 2001: An Overview and a Personal Perspective (1/1/02)
Awards & Recognition
Listed, Chambers & Partners USA Guide, an annual listing of the leading business lawyers and law firms in the world, 2005-2010 editions
Selected by Super Lawyers magazine, 2008 - 2010
Listed, Legal 500 US, an internationally recognized client referral guide providing in-depth editorial and recommendations of law firms and lawyers, Recommended for Media and Entertainment - Film, Music and TV, 2007
AV® Peer Review Rated (CV, BV, and AV are registered certification marks of Reed Elsevier Properties Inc., used in accordance with the Martindale-Hubbell certification procedures, standards and policies).
2010
In 2010 Marc Jacobson left Greenberg Traurig to start his own firm, Marc Jacobson, P.C. He is "a master of issues relating to new and converging technologies," according to market sources. He has an impressive reputation in the music industry but has also been moving into the film space recently.
2009
Marc Jacobson..."knows the industry so well, he can tell you the implications of every option." Working on both film and music matters, he acted for China Music Publishing as they secured [performing] royalties...in North and South America.
2008
Marc Jacobson is "a success story" who has earned a strong industry following. HIs clients comment favorably on his online music initiatives and bank finance work in film [and] publishing.
2007
Marc Jacobson does a lot of bank finance work in film [and] publishing but is particularly known for his online music initiatives. His focus is advising companies on business and financing strategies and IP issues.
2006
Marc Jacobson has skills in publishing, primarily in the music business but also in book deals. He acts for both publishers and songwriters in various matters and has handled the purchase of a number of catalogs in the past year.
2005
Marc Jacobson is rated as "a smart, enthusiastic lawyer with a lot of experience." He is recommended for his "great talent" in film and theatre financing.
Excerpts from Chambers USA Guide
Chambers USA ranks the leading firms and lawyers in an extensive range of practice areas throughout America. The research is in-depth and client focused and the guide is read by industry-leading companies and organizations throughout the US and worldwide. It is also widely used by firms in all states for referral purposes.
Overview: Since 1999, Chambers has been researching the US legal profession, identifying the leading lawyers and law firms through interviews with thousands of lawyers and their clients. Chambers' reputation is based on the independence and objectivity of their research.
244 West 54th Street, 9th Floor
New York, NY 10019 USA
Phone 212-245-8955
Fax 646-807-4599
info_marcjacobson.com
