Mayer, Marc
Partner
Entertainment Litigation
Intellectual Property & Technology
Litigation
Legal Expertise
Civil litigation with a focus on intellectual property disputes in the entertainment and technology industries, including copyright, trademark, trade secret, and right of publicity disputes.
Key Professional Accomplishments
* Represented six major record companies in a high-profile action against an internet website engaged in the large-scale distribution, sale and public performance of sound recordings, including thousands of remastered recordings by the Beatles.
* Represent 12 affiliated record companies and music publishing companies in a copyright infringement action brought against the internet website Vimeo.com.
* Represent major computer game publisher in lawsuit against individuals and entities trafficking in software "hacks" and "cheats" for the popular video game "StarCraft 2."
* Represent publisher of a popular multiplayer online video game in lawsuit against operators of private multiplayer servers.
* Successfully defended internet magazine BoingBoing.net against defamation claims brought by a manufacturer of VOIP technology regarding statements published about its end-user license agreement.
* Represent Japanese manufacturer of personal computers in lawsuit brought by software publisher arising from a Chinese government mandate concerning the software filter known as "Green Dam."
* Designed and implemented anti-piracy programs for video game publishers, music publishers, and record companies relating to the infringement of copyrighted works online.
* Represent record company and music publisher clients in more than 100 related copyright infringement cases arising from the alleged unauthorized “sampling” of musical works in musical compositions and sound recordings, including Bridgeport Music, Inc. v. WB Music Corp., 508 F.3d 394, 399-401 (6th Cir. 2007); Bridgeport Music, Inc. v. Universal-MCA Music Publ’g, Inc., 481 F.3d 926, 931 (6th Cir. 2007); and Bridgeport Music, Inc. v. Rhyme Syndicate Music, 376 F.3d 615 (6th Cir. 2004).
* Represented Amici Curiae NBC Universal in action filed against YouTube for the infringement of copyrighted works online. Tur v. YouTube, Inc., 2007 WL 1893635 (C.D. Cal. June 20, 2007).
* Represented MPAA member companies against software company engaged in the manufacture and distribution of DVD-copying and decryption tools. 321 Studios, Inc. v. Metro-Goldwyn-Mayer Studios, Inc., 307 F.Supp. 2d 1085 (N.D. Cal. 2004).
* Participated in groundbreaking file-sharing litigation on behalf of the Recording Industry Association of America, including A&M Records, Inc. v. Napster, Inc., 239 F.3d 204 (9th Cir. 2000) and In re Aimster, Inc., 334 F.3d 643 (7th Cir. 2003).
* Represented music publishing companies in lawsuits filed against distributors of karaoke products, including Mediostream, Inc. v. Warner/Chappell Music, Inc., Case No. 07-2127 (N.D. Cal.); Rondor Music International, Inc. v. Slep-Tone Entertainment Corp., Case No. 02-9377 RSWL (C.D. Cal.); and Rondor Music International, Inc. v. Top Tunes, Inc., Case No. 02-9382 WJR (C.D. Cal.).
* Represent motion picture studios, book and magazine publishers, and screenwriters in copyright infringement action involving the award-winning work “Brokeback Mountain.” Scott-Blanton v. Universal City Studios Productions LLLP, Case No. 07-0098 (D.D.C.).
* Represented record companies and music publishing companies in numerous royalty accounting and audit disputes, including Bono v. Warner/Chappell Music, Inc., LASC Case No. BC 329720; House of Penny Productions, Inc v. MCA Records, Inc., Case No. 3:00-0326 (M.D. Tenn.); and Tempchin v. Warner/Chappell Music, Inc., LASC Case No. BC 268741.
* Represented record companies and music publishing companies in litigation involving unauthorized uses of sound recordings and musical compositions in audiovisual works, including Warner/Chappell Music, Inc. v. Salter Street Films, CV-03-7113 FMC (C.D. Cal.) and UMG Recordings, Inc. and Warner/Chappell Music, Inc. v. Mazda Motor Of America et. al., CV-00-05858 LGB (C.D. Cal.).
* Provide ongoing legal advice and counsel to motion picture studios and record, music and game publisher clients concerning a variety of intellectual property and new technology issues, including the safe-harbor provisions (section 512) of the Digital Millennium Copyright Act, fair use, and common-law doctrines of contributory and vicarious copyright liability.
Professional, Business, and Civic Affiliations
* Executive Committee, Los Angeles County Bar Assocation, Intellectual Property and Entertainment Section
* International Game Developers Association ("IGDA") Intellectual Property Working Group
* Co-Chair, Los Angeles County Bar Association Music Law Subcommittee
Court Admissions
* California, 1997
* USDC, Central District if California, 1997
* USDC, Northern District of California, 1997
Education
Harvard Law School, J.D., 1997; cum laude
Brown University, B.A., 1993; magna cum laude
