Howard Hertz

Shareholder

“I have successfully and aggressively represented creatives and their entities for more than forty years.”

-Shareholder and Attorney Howard Hertz

I have been practicing media and entertainment law as well as intellectual property law since 1976. While the majority of my work is in the music business, I also represent clients in film, television, radio and book publishing locally, nationally and internationally. I am knowledgeable in drafting and negotiating contracts and I also assist clients in dispute resolution, whether it is through negotiating resolutions, mediating the dispute, and arbitrating or litigating when necessary. I am also appointed by judges and hired by clients to act as an expert witness, mediator or arbitrator in music related cases.

I aggressively represent my clients in negotiations and in disputes, but I am also known in the entertainment community for being knowledgeable and reasonable which assists my clients in reaching resolutions that are a win-win. Disputes are typically contract disputes or copyright infringement matters.

 

Examples of Excellence:

  • I successfully represented a publishing company in litigation which stopped and prevented a major technology company from using an award-winning song in a commercial without permission.
  • I succeeded in resolving a dispute which had threatened to prevent the release of a major motion picture.
  • I successfully participated in negotiating the resolution to a dispute, which was in trial, and prevented a major record label and a major technology company from selling downloads without obtaining the proper license from the publisher.
  • I litigated and negotiated the termination of a recording contract on behalf of a recording artist who wanted to leave the independent label in order to sign with a major record company.
Practice Areas

Media and Entertainment, both in transactional and dispute resolution.
Intellectual Property matters, both copyright and trademark, including registration/protection of rights and dispute resolution.

Education

Cass Technical High School, Detroit: 1967

Wayne State University: 1972 graduate with major in psychology, with distinction

Wayne State University Law School: 1976 graduate cum laude

Bar Admissions

State of Michigan, 1976
United States District Court, Eastern District of Michigan, 1976

Honors & Awards

2018 Recipient of the Arts Advocacy Award presented by Wayne State University’s College of Fine, Performing and Communication Arts
2004 Recipient of the John Hensel Award for significant contributions to the arts community
Best Lawyers in America 2007-Present
Super Lawyers 2006-Present
Top Lawyers 2009-Present
Leading Lawyers 2017-Present
A/V-Preeminent Rating by Martindale-Hubbell
Martindale-Hubbell Lifetime Achievement Award

Professional Affiliations & Credentials
  • Detroit Music Awards Foundation: Board of Directors and President 1998-Present
  • Sphinx Organization: Board of Directors and former Vice-Chairperson 2009-Present
  • National Association of Recording Arts and Sciences (The Recording Academy/Grammy Awards/Chicago Chapter): Advocacy Committee 2016-present
  • International Association of Entertainment Lawyers: Member 1997-Present
  • Detroit Music Foundation: Co-founder and Chairman 2009-Present
  • Marshall Mathers Foundation: Board of Directors 2002-Present
  • D-PAN: Deaf Professional Arts Network: Board of Directors 2006-Present
  • National Association of Recording Arts and Sciences (The Recording Academy/Grammy Awards/Chicago Chapter): Former Member of the Board of Directors 2004-2012
  • Michigan Film Advisory Commission: Former Commissioner 2006-2008
  • MusiCares Program and Services Committee 2012-2015
  • South Oakland Shelter Advisory Board 2017-Present
  • Common Ground Advisory Board 2010-Present
  • Fellow, Michigan Bar Foundation
  • Member and Former Chairperson, State Bar of Michigan, Arts, Communications, Entertainment and Sports (ACES) Section
  • Wayne State University’s College of Fine, Performing and Communication Arts Board of Visitors Member Emeritus
  • Cinetopia Film Festival Host Committee
  • Former Adjunct Professor at University of Michigan Law School and Wayne State University Law School teaching a course in Entertainment Law
  • Speaking engagements including: SXSW, MIDEM, Michigan ICLE, Canadian Music Week, United States Patent and Trademark Office

Testimonials

Entertainment attorney Howard Hertz has represented numerous musicians, authors, screenwriters, recoding artists, radio personalities, producers, etc., since 1976. Marilyn Manson, Elmore Leonard, George Clinton and the Insane Clown Posse have all been on his client list at one time or another. Most recently, he was sitting beside ICP at the press conference announcing their lawsuit against the FBI. His Bloomfield Hills office is filled with records, figurines, a Marilyn Manson mask, and signed posters – one Eminem poster reads, “Thanks for keeping me out of jail.” It’s not easy being Howard Hertz.

Detroit Metro Times “A Talk with Eminem Attorney Howard Hertz”

[Hertz] is probably the best-known entertainment lawyer in town…When he began repping local producers Mark & Jeff Bass, it led to a relationship with one Marshall Mathers, better known as Eminem.

Detroit Metro Times “People Got the Power”

With a blue-chip roster of rockers and rappers… and musical genres in between, Hertz is one of the top entertainment lawyers around. [Elmore] Leonard describes Hertz as “extremely intelligent, aggressive and he knows what he is doing…I don’t think there’s any glamour involved in it…he saves me a lot of money,” Leonard says, and quips, “I have never been in jail.”

The Oakland Press

I’ve worked with Howard for many years and he has been an essential part of our team. His approach is very sincere, and the results speak for themselves. On a civic level, Howard is an inspiration to everyone that he comes in contact with. As a thought leader in Detroit and a defender of the city and it’s artists, he’s a beacon of positivity. Can’t say enough good things about Mr. Hertz and am glad we continue to work together.

Sam V.

Our project is event management. Prior to 2006 we had no experience in the public and media space. Howard was able to guide and mature our organization from vision to execution on a detailed scale. Without his advice and perspective, we could never have managed our growth in the time frame we had. One of the best calls we made and will always reflect back on.

Jason H.

Howard is a world class media attorney and he is an inspiration to artists seeking an international platform for their work. His skill and dedication leads to completion of any deal negotiated to the satisfaction of both parties. I look forward toa long and rewarding working relationship.

Jonas B.

Howard is a personable and professional legal genius. He has performed excellent work for my LLC over the years. Highly recommended.

Wendy C.

As a long-term, now over 10-year customer of Hertz Schram,  I owe this team a debt I may never be able to repay, yet it would be an understatement to say they are just my lawyers.

I met Howard through a friend when I very much needed his help at the inception of a difficult divorce. I also was amid a treacherous business lawsuit with my young company, and frankly at our first meeting was not sure where to start. Now an old friend, I often think about that first meeting and smile. Howard, a well-known attorney with years of experience, knew exactly what to say, and quickly helped me sort through my next steps.

Moreover, over the years, Howard has always been there to take calls, help with tax matters, review business documents, estate plans, and overall just talk me off the ledge from time to time. I recommend Hertz Schram to anyone that needs solid experienced family and business planning as their best choice.

John O.

Awards and Accolades