Hilary Metz is a licensed attorney admitted to practice in the States of Florida and New York. Hilary is also admitted to practice in the United States District Court for the Southern District of Florida and the United States Court of Appeals for the Eleventh Circuit.
Hilary grew up in North Carolina and graduated Magna Cum Laude with a Bachelor’s degree in Psychology from North Carolina State University. Hilary moved to Miami in 2005 and worked as a social worker for several years before pursuing her law degree. Hilary then attended and graduated with her Juris Doctorate from Florida International University College of Law in 2011.
Hilary has always surrounded herself with successful musicians and business persons. As a result, Business/Corporate Law and Intellectual Property/Entertainment Law, became a quick passion.
Hilary works on multi-million dollar business deals for domestic and international companies ranging in topic. Hilary has also had extensive trial experience in Federal court.
Professional Associations and Memberships
Member of the Florida and New York Bar Associations.
Vice Chair for the American Bar Association’s Entertainment & Sports Industry Committee 2013-2014.
2014 Committee Member for the Media & Communications Section of the Florida Bar.
Admitted to the Florida Bar 2012
Admitted in the US District Court Southern District of Florida 2012
Admitted to the New York Bar 2013
Admitted to the United States Court of Appeals for the Eleventh Circuit
North Carolina State University, B.A. in Psychology 2005
Florida International University College of Law 2011
Active volunteer and business/intellectual property mentor with S.C.O.R.E. Miami. See www.miamidade.score.org
The Firm provides many services relating to your business both for transactional purposes and in the case of litigation. Attorney Hilary Metz represents clients in Miami, Fort Lauderdale, West Palm Beach, and New York City, New York. Current clients range from retail stores, to clothing designers, to investors in exporting businesses, to entertainment clients.
entertainment law Areas Include:
Advice on which business entity is right for you
Articles of Organization
Commercial Leases & Negotiating Commercial Leases
Your business needs can be complicated and daunting. Many businesses find themselves in trouble once they have already begun operations as the result of not following the correct protocol with respect to their corporate documents. Business owners typically do not contemplate law suits when forming their articles of incorporation or their operating agreements, or even worse, they ignore the need to follow the legal requirements for forming their company altogether.
If you or your business has been served with a lawsuit you need an attorney experienced in with business litigation to be able to assist your company through a lawsuit and protect you from personal liability. Both the knowledge of how your business works and the ability to develop a comprehensive litigation plan in a manner that is cost effective for your business is our first priority.
Experienced in helping getting business deals completed, we can help you form your company, assist with business plans, and draft operation agreements tailored to the needs of your company. Another aspect your company needs to consider and be able to determine is the value if any, of the companies intellectual property. Is your company protecting its intellectual property? Have you pinpointed all aspects of your company’s operations that may need to have specific licenses and confidentiality agreements?
If you are considering investing in a company we can assist you with your investor contract, shareholders agreement, and screening of the potential company, and buy-out and sales agreements.
Most entrepreneurs are risk takers and optimistic about the potential of their business endeavor. No matter how much work has been put into getting your company started sometimes things simply do not work out. In the worst case scenario, that you find yourself on the losing end of a business deal, the majority of people do not begin to really analyze their corporate records and any outstanding contracts until it is too late.
TRADEMARK: The trademark symbol is a way to alert others that your original work is protected. You can obtain a trademark for a word, symbol, name, device, or combination thereof that permits consumers to identify and distinguish the goods/services.
The trademark symbol is not only meant to protect the owner of the trademark, but the consumer as well. Consumers want to be able to go into a store and purchase the products of their choice, the trademark not only identifies the product, but the trademark symbol stands for the value and authenticity of the company’s product.
There are many considerations to make when you are deciding on what will be your trademark for your product or company. Although you want to place an emphasis on marketability, along with the use you are intending, you also need to consider whether someone else is already using that trademark. More than simply than, your trademark is not being used, consider whether your proposed trademark symbol is similar other marks? If someone saw your trademark would they confuse it with another trademark?
There are typically two types of ways to clear your rights to a trademark: 1) Knock-Out Search and 2) Full Search. A knock-out search is a faster and more brief search done through the USPTO office, google searches, or other internet searches to is if the mark has already been used or if it’s similar to other marks already registered. The full-search takes approximately one week, this search is done through a trademark search agency, the search includes phonetics, synonyms, websites/domain names, and law databases.
Your trademark protection is protected under common law simply by using it. However, your mark will only be protected within a specific geographical region, where you actually using the trademark.
Without registering your trademark you cannot get nationwide exclusive use protection. The registration also serves as constructive notice to others that you own the trademark. There are many other benefits for Federal Trademark registration or in the alternative Florida Trademark registration.
If you have created something that you believe should be Trademarked or believe that someone else is benefiting from your trademark call or email today to set up a free consultation.
The laws surrounding intellectual property, along with court decisions and regulations set guidelines for a multitude of issues that relate to both artists and business owners. Some of those issues are: selling and licensing of intellectual property, registration and administration of ownership, and resolving disputes between corporations or small businesses, or selling products and services.
Although most people think of transactional work when they think of intellectual property, this is an area of law that is highly litigated. The Firm provides multiple services relating to your entertainment law needs both for transactional purposes and in the case of litigation.
entertainment lawPractice Areas and Services include:
Music, TV, and Film Agreements with Media Companies and Investors
Management review/negotiation & Drafting of Contracts
Live Appearances and Touring
Record and Publishing Agreements
Equity Deals and Investments
Sponsorship, brand, and marketing agreements
Production & Publishing agreements
Song Licensing & Synch Agreements
Metz has been involved in the entertainment industry since a teenager and has first hand knowledge of the various aspects that come with being a performing artist in both music and film. Metz has been fortunate to have and continues to work with some of the greats in the music industry.
Many artists have numerous questions regarding what royalty collection company they should use, to whether they should hire a manager. Both are important decisions and could have costly side effects, positive and negative.
The three main royalty collection companies are ASCAP, BMI, and SESAC. Many artist do not know that they should sign up for ALL three, yes, all of them. Determining which agency you should sign up with as a writer versus publishing is what needs to be evaluated. Each company has its own benefits and disadvantages related to time frame for payment to what types of venues royalties are paid for.
entertainment lawAnother big concern for artists and potential managers is “Should I sign a contract with X Artist/X Manager?” It depends on each individual situation and experience. Before going into a contract each party should have their attorney review and revise the contract. Make sure your attorney is familiar with the music industry, what it takes to record an album, what touring is like, what to do when concerts are cancelled. Also, before signing a contract make sure your attorney understands your level of experience, your goals, your budget, and more importantly, each of those aspects with regards to potential management.
These are a very limited number of issues that artists need to contemplate. We can assist you with management contracts, limited and 360 agreements, song split contracts, production contracts, writers agreements, copyright assignment, publishing agreements, licenses, publisher and royalty agreements, and producers contracts.
The firm does not view entertainment clients as a handling a transaction, we know that the process to your success is on-going and we can assist and advise you every step of the way. Entertainment law is a unique field and many of the nuances even with contracts are completely different from ordinary contract law. You should discuss your attorneys background and experience with the entertainment law in making your decision to hire an attorney.If you have questions about possible infringement you should call attorney Hilary Metz at 786-440-1030 for a consultation.
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