Joshua Weigensberg

Josh regularly represents IP owners seeking to enforce their rights, companies and creators accused of infringement, and parties engaged in disputes over licensing terms. Beyond litigating IP matters, he also assists clients with applying for and obtaining copyright and trademark registrations.

Josh has been working in the field of generative artificial intelligence (AI) for years, including commenting on the intersection of copyright and generative AI since 2020. He serves as a trusted advisor for clients seeking to understand their risks, rights, and opportunities with regard to generative AI, including clients navigating the deployment of generative AI within their organizations and creators concerned about unlicensed third-party uses of their works.

Josh’s practice also frequently involves representing clients in complex commercial litigations, including disputes over corporate control, breach of contract, fraud, and breach of fiduciary duty. On behalf of individual clients in the entertainment field and beyond, he has also litigated numerous disputes in Surrogate’s Court involving issues such as postmortem intellectual property right management, corporate control, and the disposition of works of art.

Josh’s many successful representations include:

• The Phonorecords III rate-setting proceeding that resulted in a landmark increase in royalty rates payable by music streaming companies for 2018-2022 of nearly 44%.
• The Phonorecords IV rate-setting proceeding that, after extensive litigation, resulted in an historic settlement for the rates payable by music streaming companies beginning in 2023.
• In a lawsuit alleging counterfeit marks, thwarting the plaintiff’s efforts to resurrect claims against a distributor-client and obtaining dismissal of the entire action.
• Obtaining summary judgment dismissal of fraud and equitable claims brought against manager of limited liability companies.
• Obtaining a summary judgment victory of over $8.5 million for a company against a former member for conversion of funds.
• In a litigation involving copyright infringement, trade secret misappropriation, and defamation, using successful motion practice to cause opponent to withdraw all claims.
• Obtaining dismissal with prejudice for a Grammy award-winning singer-songwriter in litigation alleging copying of lyrics for a hit song.
• Obtaining dismissal of all of opponent’s claims in a copyright infringement dispute involving copying of software.