| Education | J.D., New York University School of Law | B.A., magna cum laude, State University of New York at Buffalo |
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| Admitted to Practice | - California
- Florida
- New York
- Supreme Court of the United States
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| 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 advice regarding 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.
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, distributing, 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. |
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| 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.
- BUSINESS EXPERIENCE
- Prior to joining Greenberg Traurig, Marc was a senior executive of Prodigy Communications Corp. (NASDAQ: PRGY), serving as General Counsel, Chief Financial Officer, and Senior Vice President for Corporate Development and Public Policy.
- Marc's business career also has included the following executive positions: President and Chief Operating Officer, Politics.com, Inc. (www.politics.com) (NASDAQ: POCO); Chief Financial Officer, Turbo Chef Technologies, Inc. (NASDAQ: TRBO); President, TurboChef Internet (www.turbochef.com); Chief Operating Officer, MY-CD.com, Inc. (www.mycd.com)
- Marc was instrumental in raising over $340 million in capital, turning one company around from near bankruptcy to a valuation of over $2.5 billion, lobbying and testifying with regard to relevant Internet related intellectual property and other laws, and the development and marketing of new products at each company.
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| Significant 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.
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| 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
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| Awards & Recognition |
- Listed, Chambers & Partners USA Guide, an annual listing of the leading business lawyers and law firms in the world, 2005, 2006-, 2007, and 2008 editions
- Selected by Super Lawyers magazine, 2008
- 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
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| Articles, Publications, & Lectures | Lectures
- Frequent panelist at Internet, music, film and television conferences in the U.S. and around the world.
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