Howard Weingrad of Davis+Gilbert LLP

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Howie Weingrad is the advertising lawyer clients trust to help them navigate the complex problems and potential risk arising from all aspects of their proposed campaigns. From initial concept through production and launch, Howie advises on content review and production, celebrity endorsement and talent engagement, and pre-litigation IP and contract dispute resolution. He negotiates and structures agreements with commercial production companies and advises on social media advertising.

Howie tackles difficult, time-sensitive challenges with good judgment and confidence. Often involved in the initial concept creation, Howie partners with his many long-term clients to understand their goals, assess risk and remove obstacles, creating a path for brands and agencies to transform ideas into award-winning global advertising campaigns. In addition to advising on advertising questions, he brings extensive knowledge of intellectual property issues, including copyright, trademark, rights of privacy/publicity and unfair competition.

As one of the country’s leading practitioners in matters involving the provisions and industry implications of the SAG-AFTRA Commercials Contract, Howie often negotiates with unions and guilds on behalf of agency and advertiser clients. He interprets and explains complex advertising and entertainment industry collective bargaining agreement provisions for his clients to apply to their day-to-day workforce challenges.

Howie is equally equipped to help brands and agencies with a wide variety of celebrity endorsement and music-related issues that arise in their marketing campaigns, social media challenges, live streams and artist collaborations. A jazz pianist with a degree in music composition, he works directly with musicologists to identify potential problems and helps clients address their indemnity issues.

When IP litigation or contract disputes arise, Howie stays involved to resolve matters quickly. He understands the issues driving a copyright infringement or business dispute. He uses his litigation background and deep IP experience to devise pre-litigation strategies or support litigation teams in order to drive a successful outcome.

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How the New 2022 SAG-AFTRA Commercials Contract Affects Performers and Advertisers

A new collective bargaining agreement governing the use of SAG-AFTRA (the Union) performers in commercials has been reached between the Union and the Joint Policy Committee (JPC). The new 2022 SAG-AFTRA Commercials Contract (the 2022 Contract), which is retroactively effective to April 1, 2022, appears to offer certain benefits to advertiser and agency signatories of … Continue Reading

What’s Going On? Another Marvin Gaye Lawsuit Tests the Limits of Copyright Protection

Just when you thought it was over, another copyright infringement lawsuit involving a Marvin Gaye song is set for trial. The dust had barely settled on the infamous “Blurred Lines” case when a second suit, this time targeting world-famous pop star Ed Sheeran, took another step closer to trial. Similar to the prior case, the battleground being … Continue Reading

When Does “Copying” a Photograph of a Building Constitute Copyright Infringement?

A recent decision from a Pennsylvania federal court underscores that there is generally no copyright protection in an actual building or a skyline of buildings; instead, the protection is in the particular photograph or rendering of the building. Creating an original depiction of a building or skyline that is not substantially similar to the photograph … Continue Reading