Biography

Mark E. Avsec Vice Chair, Innovations, Information Technology & Intellectual Property (3iP) Practice Group; 3iP Group Lead - Copyrights; Leader, Benesch 3D Printing Legal Team

Cleveland T. 216.363.4151 [email protected]

Related Practices Main Bio Intellectual Property/3iP “He is very personable and engaged with understanding Copyrights and Creative Content our business and industry.” - Benesch client, Chambers E-Commerce USA 2020 Trademarks Mark E. Avsec is a partner and Vice Chair of the Technology Transactions Innovations, Information Technology & Intellectual Intellectual Property Litigation Property (3iP) Practice Group. He is also Co-Chair of Benesch’s Sports and Entertainment Group and leads First Amendment & Media Law Benesch’s 3D Printing Legal Team. Fair Use A copyright, trademark, and media lawyer by trade, and a Rights of Publicity and Product litigator and business attorney, Mark focuses his practice on Endorsement “old” and “new” media issues, consumer products, Patents technotainment (including music and other entertainment- IT Procurement related technology licensing matters), and general mobile commerce. Mark provides general legal support to various IP & IT Mediation Services types of museums, technology and software companies, Data Protection consumer products companies, and media, music, film, Blockchain & Smart Contracts creative content, and content distribution companies. His practice focuses on complex technology licensing deals involving creative content, 3D-printing industry-related Related Industries counseling, copyright, trademark, and trade dress litigation, Not-for-Profit copyright and trademark prosecution, fair use and rights of Not-for-Profit/Intellectual Property publicity/privacy counseling, celebrity endorsements, and an expertise in privacy and data security compliance. Before Additive Manufacturing-3D Printing becoming a lawyer, Mark earned a living as a studio musician, Retail, Hospitality & Consumer producer and songwriter, writing over 500 songs and producing Products Group or performing on more than 35 albums for, among other artists, Carlos Santana (“Angel Love”), Bon Jovi (“She Don’t Know Education Me”), Donnie Iris (“Ah! Leah!” and “Love Is Like A Rock”), Mason Ruffner (“Gypsy Blood”) and Wild Cherry (“Play That • Cleveland State University, 1992, Funky Music, White Boy”). B.A., Philosophy • summa cum laude Mark is an American Music Award winner and has been nominated for two Grammy Awards. He was a member of Wild • Cleveland State University, Cherry and is the founding member of Donnie Iris and the Cleveland-Marshall College of Law, 1994, J.D. Cruisers. As keyboardist for Wild Cherry, Donnie Iris, Breathless, and Mason Ruffner, Mr. Avsec performed in • magna cum laude Biography

concert with, among others, Carlos Santana, Stevie Wonder, Michael Jackson, Average White Band, Loverboy, Bon Jovi, Credentials Nazareth, Ted Nugent, Joan Jett, Cheap Trick, The • Ohio Commodores, Earth, Wind and Fire, The Isley Brothers, • U.S. District Court for the Northern George Benson, Chuck Mangione, Journey, Brothers Johnson, District of Ohio Chaka Kahn and Rufus, Natalie Cole, Graham Central Station, The Ohio Players, Tower Of Power, ABBA, George Clinton and • U.S. District Court for the Southern the Funkadelics, Bootsy Collins, The O’Jays, KC and the District of Ohio Sunshine Band, The Fabulous Thunderbirds, Dr. John, Stevie • U.S. Court of Appeals for the Sixth Ray Vaughan, Foreigner, UFO, The Romantics, Hall & Oates, Circuit KISS, The Iron City Houserockers, Foghat, Triumph, Huey Lewis and The News, and Eddie Money. He has performed on Recognitions many television shows, including The Grammy Awards, Midnight Special, Don Kirshner’s Rock Concert, The Merv • Listed, Chambers USA Leading Lawyers, Intellectual Property 2015- Griffin Show, and The Dinah Shore Show. 2021 Mark regularly teaches and is a frequent speaker on • Listed, Ohio Super Lawyers 2008, entertainment, intellectual property, and media topics. He 2012-2015 serves as an Adjunct Law Professor at Case Western Reserve University School of Law, where he has taught “Law of the Music Industry” since 2003. He is also a faculty member at the Memberships Great Lakes Sports and Entertainment Academy, a joint • Member, American Bar Association program of Case Western Reserve University School of Law • Member Cleveland Metropolitan Bar and Cleveland-Marshall College of Law, Cleveland State Association University, where he has taught music and entertainment law • Volunteer Lawyer for the Arts since 2012. He has participated as a faculty member for the (1996-2003) Federal Judicial Center and the Berkeley Center for Law & Technology where he has presented on copyright law basics • Adjunct Professor of Law, Case and infringement analysis to federal judges with Professors Western Reserve University (“Law of the Music Industry,” 2003 - present) David Nimmer and Peter Menell at the University of California, Berkeley, Boalt School of Law. • Faculty Member, Great Lakes Sports and Entertainment Law Academy Mark has served the Cleveland community in the past as a chairperson of The Volunteer Lawyers for the Arts section of • Master of the Bench, The Kathleen M. O’Malley American Inn of Court The Cleveland Bar Association, a member of the Board of Trustees of the Contemporary Youth Orchestra, and a member • Member, The American Society of of the Cleveland Foundation’s Rock and Roll Hall of Fame Composers, Authors and Publishers Foundation Scholarship Fund Selection Committee. Mark is • Member, The American Federation currently a member of ASCAP, the Dean’s Visiting Committee of Television and Radio Artists of Cleveland State University’s College of Liberal Arts and • Member, The Cleveland Federation Social Sciences, and the Board of Trustees of the Cleveland of Musicians Metropolitan Bar Association. He was recently appointed by • Member, Leadership Cleveland’s Cuyahoga County Executive Armond Budish to serve on the Class of 2014 Cuyahoga Arts & Culture’s Board of Trustees. Mark earned his B.A. summa cum laude in 1992 and his J.D. magna cum laude in 1994 from Cleveland State University. He is a ranked lawyer in Chambers USA 2015 and Chambers USA 2016, and has been named an Ohio “Super Lawyer” for Intellectual Property several times. He is a member of the Leadership Cleveland Class of 2014. He was named one of Cleveland State University’s most fascinating alumni in conjunction with the school’s 50th anniversary celebration. Biography

Experience

Technology Transactions • Represented several companies in developing e-commerce and web site privacy policies/terms and conditions. 3iP Litigation • Represented Internet music streaming company consummate a private offering memorandum raising $8.5 Million. • Represented leading University art historian in dispute over authenticity of Jackson Pollock works. • Represented Homax Group in false advertising litigation in Northern District of Ohio. • Represented Homax Group in trade dress litigation concerning various consumer products. • Represented Ideastream (public television and public radio) in American Archives Pilot Project. • Represented Arizona arts dealer in copyright infringement litigation. • Represented major hair clinic in intellectual property litigation. • Represented major health care provider in authorship dispute over software. • Prosecuted several copyright infringement actions against several online ringtone companies for infringement of musical compositions. • Glanton v. Sony Records, successfully represented Sony in copyright infringement action related to plaintiff’s copyright infringement allegation (dismissed after case was fully briefed). • Fitness Quest, Inc. et al. v. Universal Music Publishing Group, successfully represented Fitness Quest in copyright infringement litigation over music-related content. • Quarterbacked music content licensing program for OverDrive, Inc. and its public library customers. • Represented House of Spices in numerous trademark litigations (obtaining injunctions, consent judgments, and damages). • Represented OverDrive, Inc. in various litigations. • Represented Mavea, a division of Brita GmbH, in Northern District of California trademark infringement litigation, and other ancillary matters. • Represented Lynyrd Skynyrd in copyright infringement dispute in the Northern District of Ohio. Biography

p • Represented American Greetings Corporation in AAA dispute over creative content. • Represented a legendary rock artist in copyright infringement litigation and negotiated favorable settlement after summary judgment rulings. Additive Manufacturing-3D Printing • Represented Cleveland Public Library in devising 3D printing policy. • Presented on 3D printing opportunities and issues to museums. • Counseled global provider of specialized polymer materials, services, and solutions in developing a legal strategy for leveraging the production of materials for additive manufacturing.

Copyrights and Creative Content • Assisted licensing Ray Charles Marketing Group in implementing licensing strategies. • Represented companies of all sizes in copyright prosecution and licensing strategies. • Represented artists in executing terminations of transfer. • Represented Estate of photographer Art Kane (copyright audit, including “A Great Day In Harlem”). • Represented estate of major songwriter in assigning copyrights to heirs/successors-in-interest. • Represented The Rock and Roll Hall of Fame and Museum in a number of content-related agreements and strategies. • Represented Cleveland Research Company in a number of copyright and content-related matters. • Represented declaratory judgment plaintiff in action involving use of plaintiff’s music in fitness videotape series. • Testa et al. v. Channel Four Television Corporation; U.S. District Court, Northern District of Ohio Represented plaintiff in copyright infringement action relating to musical composition; negotiated favorable settlement of claim. • Provides general intellectual property and business counseling to national and multi-national creative content companies. • Represented a production company in consummating deal with a major beverage company concerning use of musical composition and other content in conjunction with theme song for major NBA sports figure. • Represented a production company in licensing music to Electronic Arts for use in Madden VII video game. Biography

• Representation of various Internet music, media, and entertainment companies in drafting streaming and distribution agreements, and in providing general copyright and trademark counseling. • Successfully prosecuted a copyright infringement action against a major recording artist and his record label for infringement of a musical composition and sound recording in new sound recordings. • Successfully prosecuted a copyright infringement action against a major cellular telephone manufacturer for infringement of a musical composition in cellular telephone ring tones. • Serving as lead counsel to the Rock & Roll Hall of Fame and Museum. • Represented a major public library in licensing software system to a consortium of Ohio libraries. • Successfully represented a multi-media content company in defending copyright infringement action against global transportation company, including obtaining recompense of attorneys’ fees. • Successfully represented a music publisher in copyright infringement action against multi-national television and film company, obtaining favorable settlement. • Representation of major ballet company regarding obtaining private equity investment and resolving various copyright issues, public television issues, and Musicians’ Union issues, concerning successful stage and video production. • Successfully represented a consumer products company in negotiating favorable settlement with multi-national music publishing company. • Successful representation of music publishing company in lawsuit with major telecommunications company for infringement of musical composition in cellular telephone ring tone. • Represented leading University art historian and professor in dispute over authenticity of 32 paintings. • Representation of ring tone provider in connection with clearing copyrights for use in cellular telephone ring tones and related general business counseling issues. • Represented a major label in defending a copyright infringement lawsuit. • Represented leading provider of infrastructure for distributing premium digital content to public libraries in acquiring music content from major independent and major record labels. • Represented songwriter in obtaining settlement from international film company and major beverage chain related Biography

to unauthorized use of musical composition and recording in motion picture. • Representation of music publishing company/record company in bringing copyright action against major film production company and DVD manufacturer for incorporating musical composition and sound recording in major commercial film without authorization. • Represented architectural firm in copyright infringement dispute concerning building design. Fair Use • Routinely counsel museums and major, top-tier creative content companies on fair use/First Amendment defenses (specific examples intentionally omitted). • Routinely counsel companies on nominative trademark use. • Issued numerous opinion letters to companies and organization concerning parody and other forms of fair use.

Intellectual Property Litigation • Successfully represented Dealer Tire in trademark litigation. • Successfully represented BEMA Music, music publisher of “Play That Funky Music,” in copyright infringement litigation versus major consumer products company. • Successfully represented Entity Production, Inc. in several copyright litigations concerning musical compositions and sound recordings. • Successfully represented music publisher versus multinational company who used song in a film and DVD without permission. • Successfully represented Terry’s Tire Town in trademark litigation before the TTAB.

Intellectual Property/3iP • Stopping trademark infringements, policing domain names, assisting with general intellectual property matters concerning gutter guards. • Legal/intellectual property assistance with music festivals. • Licensing matters, various matters concerning exhibits. • Legal assistance with licensing arrangements, data security and privacy issues, employment matters, and software development. • Copyright infringement litigation concerning technology for the e-book industry, representing OverDrive, Inc. as plaintiff • Represented Root Candles in endorsement agreement with famous celebrity. Biography

• Represented Bleacher Creatures, LLC in a number of content licensing deals with major professional and collegiate leagues. • Represented Bleacher Creatures, LLC in Pope Francis plush doll matter. • Represented Signet/Sterling Jewelers in negotiating licensing deal with Sofia Vergara. • Represented Vita-Mix Corporation in negotiating deals with Alex Guarnaschelli and other celebrity chefs. • Represented agency of LeBron James in negotiating Sprite deal with Coca-Cola. • Represented Signet/Sterling Jewelers in negotiating licensing deal with Angel Sanchez. • Quarterbacked launch of new King Cool “beer” associated with recording artist Donnie Iris. • Represented Elevation Group of Companies in various concert and personal management agreements (including Red Sun Rising and the Trinity Cathedral Concert series). • Represented holding company of bakery goods and intellectual property in sale of company. • Represented companies of all sizes in trademark prosecution strategies. • Represented Vita-Mix Corporation in domain name and trademark infringement matters. • Assisted numerous multi-national companies with trademark clearance strategies. • Assisted OverDrive, Inc. in rolling out music offering to all public libraries in network. • Represented Internet music streaming consummate merger with a potential competitor. • Represented Elevation Group of Companies in producing a PBS documentary film about Irish music (features performances by six Grammy Award winners, Academy Award and Golden Globe winners, three Rock and Roll Hall of Fame music inductees). • Represented Global Tel Link* Corporation in a number of music streaming and technology licensing agreements. • Represented Belkin Productions consummate deal with Live Nation. • Represented Alternative Press in negotiating sponsorship agreements with major beverage company. • Represented Elevation Group of Companies in consummating exclusive sponsorship agreements for its ORCHESTRA series (Jewel, Counting Crows, etc.). Biography

• Routinely negotiate publisher agreements, management agreements, record company agreements, producer agreements of all shapes and sizes. • Represented Sunless, Inc. in worldwide trademark prosecution strategy. • Designed and implemented document retention programs for companies. • Represented Cleveland-San Jose Ballet regarding private equity investment and resolving various copyright issues, public television issues, and Musicians’ Union issues concerning staging of “Blue Suede Shoes”. • Successfully prosecuted several domain name disputes. • Represented Fitness Question in book deal. • Represented Abercrombie & Fitch in trademark prosecution strategy. • Represented ringtone provider in clearing music rights for catalogue. • Designed technology evaluation agreements for LCD technologies. • Represented logistics software company in a number of licensing deals. • Represented major consumer products companies in trademark licensing agreements. • Represented investment company in consummating deal with film company. • Represented a major production company in licensing music to Electronic Arts for use in Madden VII video game. • Represented Vita-Mix Corporation in keyword strategy and various litigations and trademark policing. • Represented Sherwin-Williams in “App” development agreements. • Represented Turning Technologies in a number of licensing matters. • Negotiated record deals and music publishing deals for several artists, with significant advances. • Represented Cleveland Public Library in connection with the licensing of software among a consortium of Ohio libraries. • Representation of music publisher in completing intellectual property audit and attending to remedial issues uncovered by same. • Representation of music publishing and record company in drafting, negotiating, and consummating Internet download and streaming licenses with major cable company for selling and streaming musical compositions and sound recordings. Biography

• Successfully registered product design trademarks for multinational consumer products company. • Representation of major record labels in obtaining judicial approval of minority recording agreements for international recording artists. • Representation of investment company in drafting, negotiating, and consummating stock purchase agreement for investment in film production company. • Successfully represented a regional concert promotion company in a sale of substantially all assets to a national concert promotion and radio company. • Successfully prosecuted and defended many actions involving trademark infringement. • Represented a client in the sale of its trade show division. • Represented a concert promotion company in connection with drafting and consummating a multi-million dollar exclusive sponsorship agreement. • Representation of members of major musical artist in internal trademark dispute with other members over use of artist’s federally-registered name. • Provided general business counseling to a variety of streaming media companies and other Internet technology companies. • Representation of major consumer products company in negotiating various infomercial music composer agreements. • Represented major energy drink product companies in the negotiated of various sponsorship agreements. • Representation of several independent record companies in drafting form recording agreements and in negotiating and consummating recording agreements with both emerging and establishing musical artists. • Representation of various music production companies in drafting, negotiating, and consummating agreements with musical artists. • Representation of leading sports, entertainment, cultural and leisure sponsorship and event management agency in drafting major rock and roll institution anniversary concert. • Representation of major music magazine regarding various licensing and co-branding deals with major music publishers and record companies, podcasting issues, freelance agreements, and libel and copyright issues. • Quarterbacked launch of new beer affiliated with nationally- known rock singer. • Representation of several musical artists in negotiating and consummating recording agreements with independent and major recording labels. Biography

• Representation of major musical artist in negotiating anniversary concert with major concert promoter. • Representation of musical artist management companies in drafting, negotiating, and personal management agreements with musical artists. • Representation of major organizer, producer, and promoter of multiple live concert events in negotiating and consummating $5 million concert and television sponsorship agreement with corporate sponsor. • Representation of angel-financing funded music and media business with proprietary patent technologies in a general counsel capacity. • Representation of investment group procuring and evaluating musical assets investment opportunities. • Successfully obtained judicial approval of contracts with minors for several major labels. • Successfully prosecuted several Uniform Dispute Resolution Policy actions. • Successfully stopped infringers and obtained favorable settlements in several product design/trade dress infringement cases. • Representation of songwriter in procuring and negotiating worldwide music publishing deal with major music publishing company. • Representation of orchestras in drafting, negotiating, and consummating orchestral concert performance agreements with contemporary musical artists. • Representation of music publishing company in early-stage discussions regarding Broadway production. • Representation of various music and media companies in drafting, negotiating, and consummating Internet web site development agreements. • Representation of start-up orchestral print company in negotiating licenses from music publishing companies for “motif quoting” in symphonic works. • Representation of documentary film production company in negotiating rights and licenses for production of major musical artists’ film documentaries, and public television broadcasts of same. • Representation of major musical artist in negotiating product endorsement agreement with major telecommunications company. • Representation of major musical artist in negotiating with symphony orchestra, concert promoter, and concert sponsor, concert performance agreement featuring musical artist and symphony orchestra (and recordings of same). Biography

• Lynyrd Skynyrd vs. Reed et al

Mergers, Acquisitions, Board Counseling & Divestitures • Represented Altus Capital Partners II, L.P. in the acquisition of Nichols Portland, a division of Parker Hannifin Corporation.

Additional Experience • Represented new musical artist in financing deal with investors. • Represented Fitness Quest in negotiating infomercial and composer agreements. • Represented Elevation Group of Companies in producing a PBS documentary film about Irish music (features performances by six Grammy Award winners, Academy Award and Golden Globe winners, three Rock and Roll Hall of Fame music inductees). • Represented Sony Music in litigation and in gaining judicial approval of a contract with ’Lil Bow Wow, then a minor. • Represented Ray Charles Marketing Group in leveraging Ray Charles assets in certain sectors. • Represented Internet radio company in launching music streaming service. • Represented American Greetings Corporation in a number of music-licensing projects (Michael Bolton, Taylor Swift, etc.). • Represented Alternative Press Magazine in a number of transactions. • Represented Entity Production in feature film project. • Assisted Telos Systems in a variety of licensing agreements concerning sophisticated audio gear. • Represented investment group focused on acquiring music publishing assets. • Represented a major production company in licensing music to Electronic Arts for use in Madden VII video game. • Represented songwriter in negotiating exclusive publishing deal with Warner-Chappell. • Represented several entities and artists in consummating personal management agreements. • Represented Rock and Roll Hall of Fame and Museum in connection with annual Music Masters series. • Represented OverDrive, Inc. in rolling out music content initiatives for their consumers. Biography

• Represented music publishing and record company in consummating Internet download and streaming arrangement with Armstrong OneWire. • Represented Global Tel Link* Corporation in a number of music streaming and technology licensing agreements. • Represented the Contemporary Youth Orchestra in negotiating concert performance deals with several major musical artists for annual “Rock the Orchestra” series. • Represented orchestral “printing” company in negotiating licenses from music publishing companies. • Represented Global Tel Link* in rolling out music content initiatives for their consumers. • Represented Cleveland-San Jose Ballet regarding private equity investment and resolving various copyright issues, public television issues, and Musicians’ Union issues concerning staging of “Blue Suede Shoes”. • Successfully defended national music magazine in libel action brought by members of a musical group. • Represented complainant, a popular music singer, in UDRP action relating to respondent’s registration of the domain name. • Represented a production company in consummating agreements with creators. • Served as legal counsel to a documentary film company for documentary film about the U.S. Marines and the practice of counter-insurgency in Afghanistan. • Represented buyers and sellers of music publishing catalogs in private capital raising, company valuation techniques, and merger and acquisition analysis. • Successfully prosecuted infringer in action involving copyright infringement and anti-circumvention claims. • Representation of legendary rock recording artist as Ohio touring counsel.

Articles and Presentations • Music and Copyright | Mark E. Avsec, The Berkeley Center for Law and Technology and the Berkeley Judicial Institute - Intellectual Property Law and Case Management Series, July 30, 2021 • 3D Printing Half-Year Report | Q2 2021, July 21, 2021 • Grants for Shuttered Venue Operators, January 8, 2021 • 3D Printing Quarterly Report | Q4 2020, January 4, 2020 • 3D Printing Quarterly Report | Q3 2020, September 5, 2020 • 3D Printing Quarterly Report | Q2 2020, July 6, 2020 Biography

• 3D Printing Quarterly Report | Q4 2019, January 16, 2020 • My Benesch My Team - LeafFilter, November 4, 2019 • 3D Printing Quarterly Report | Q3 2019, October 25, 2019 • 3D Printing - What Are You Doing About Additive?, October 16, 2019 • Music, Entertainment and IP | Mark E. Avsec, Turnaround Management Association 2019 Annual Conference, September 25-27, 2019 • Music Copyright Infringement | Mark E. Avsec, William K. Thomas American Inn of Court, September 18, 2019 • 3D Printing Quarterly Report | Q2 2019, July 26, 2019 • 3D Printing Quarterly Report | Q4 2018, March 12, 2019 • 3D Printing Quarterly Report | Q3 2018, November 30, 2018 • 3D Printing Quarterly Report | Q2 2018, August 8, 2018 • 3D Printing Copyright Issues | Mark E. Avsec, Benesch’s 4th Annual 3D Printing Conference, May 31, 2018 • 3D Printing Quarterly Report | Q1 2018, May 16, 2018 • 3D Printing Quarterly Report | Q3 2017, October 6, 2017 • 3D Printing and Transportation, FTR Transportation Conference, September 13, 2017

News • Benesch Launches Multi-Disciplinary Data Protection Practice to Meet Clients at the Intersection of Global Tech and Data, August 25, 2021 • Benesch Ranked in Chambers 2021, May 20, 2021 • Mark E. Avsec quoted in Vibe My Life | “AllHipHop EXCLUSIVE: Goth Band Says Young Dolph, Megan Thee Stallion & Juicy J Stole 94% Of Their Song”, March 9, 2021 • Benesch Ranked in Chambers 2020, April 23, 2020 • Mark Avsec interviewed in NPR podcast | “Ejected From the Field, Chief Wahoo’s Still A Hot Seller”, July 7, 2019 • Benesch Ranked in Chambers 2019, April 25, 2019 • Mark Avsec interviewed on The Sound of Ideas Podcast, August 8, 2018 • Mark Avsec quoted in Crain’s Cleveland | “Cuyahoga Arts & Culture names Jill Paulsen interim CEO”, May 14, 2018 • Chambers USA Rankings 2018, May 3, 2018 • Mark E. Avsec Has Been Named a BTI Client Service All-Star for 2018, March 29, 2018 • Mark Avsec quoted in Crain’s Cleveland | “Chief Wahoo isn’t a primary revenue producer for Indians”, February 5, 2018 Biography

• Benesch attorneys listed in Chambers USA 2017, May 30, 2017 • Mark Avsec named to Ystrategies Science and Technology Board, February 22, 2017 • Mark Avsec named as one of ten “Who to Watch in Law”, September 26, 2016 • Benesch 3D Printing Practice mentioned on Storify| “3D Printing and the Toy Industry”, July 29, 2016 • Benesch attorneys listed in Chambers USA 2016, May 17, 2016 • Mark Avsec interviewed in Crain’s Cleveland article on 3D Printing | “3-D printing spurs niche legal practice”, May 9, 2016 • Benesch’s 2nd Annual 3D Printing Seminar (A Summary Report), May 2, 2016 • Intellectual Property is a Hot Topic at Second Annual Benesch 3D Printing Conference, April 22, 2016 • Interview with Mark Avsec on cover of September issue of Metropolitan Corporate Counsel Magazine, September 4, 2015