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Volunteer Lawyers for the Arts Newsletter
 
 
April 2009
Greetings!
 
What's going on at VLA? Find out here. Although we've been quite busy, we continue to provide artists, arts organizations, and legal professionals with legal services, educational programming, mediation and negotiation services, as well as advocating for the artistic community. Our summer benefit is coming up, and we have a new VLA family member. With so much going on, we thought you would like to know how we can serve you as well as how you can become part of the VLA communtiy.
 
We hope to see you soon at our New York office, or at one of our events!
In This Issue
Summer Benefit
SxSW
Mass MoCA v. Büchel
Become a VLA Member
Class: Contemporary Art & Copyright
Class: Mediation Training
Class: For-Profit Businesses
Class: Nonprofit Start-Up
Class: Ethics, Law, and Film
New Staff Member
Library & Bookstore
Calendar
Financial Aid
Save the Date!
 
invite 
 
VLA's 2009 Summer Benefit and Awards Ceremony
 
Enjoy hors d' oeuvres and cocktails amidst some of New York's finest contemporary art.   
 
Monday, June 22, 2009
6:30 - 8:30 pm Gagosian Gallery
555 West 24th Street
New York, NY 10011
(Between 10th and 11th Avenues)
 
To order tickets for this event, please click here. If you have any questions, please email Kelly Kocinski at kkocinski@vlany.org, or contact her via phone at 212.319.2787 x18
VLA at South by Southwest 2009 
 

emp.sxsw

 
VLA staff attorneys were present at this year's SXSW Festival. Elena M. Paul, Esq., participated in the "How to Protect Your Mark Without Being a Jerk!" interactive panel on Monday, March 16th. The panel focused on strategies for protecting artistic works made available online, as well as legal means to borrowing and licensing artworks. Additionally, she and Sergio Muñoz Sarmiento answered questions from the 220+ film, music, and interactive attendees present at this panel. It was a huge success!
Update on Massachusetts Museum of Contemporary Art Foundation, Inc. v. Büchel 
 
565 F. Supp. 245, 259, 260 (D. Mass.2008)
 
On May 21, 2007, the Massachusetts Museum of Contemporary Art ("Mass MoCA") brought a lawsuit against Swiss artist Christoph Büchel seeking a court order authorizing Mass MoCA to exhibit Mr. Büchel's unfinished installation without Mr. Büchel's consent. On September 21, 2007, Judge Michael M. Ponsor, of the Federal District Court for Massachusetts, issued his ruling from the bench allowing Mass MoCA to continue to exhibit Mr. Büchel's unfinished installation without his consent. Judge Ponsor's ruling further noted that there would be no distortion to Mr. Büchel's work or any damage to his reputation so long as Mass MoCA indicated that the unfinished work was not a product of Mr. Büchel. Mass MoCA subsequently announced that it had decided not to further exhibit Mr. Büchel's unfinished installation.
 
Volunteer Lawyers for the Arts ("VLA") decided to represent Mr. Büchel on this matter, as we strongly believe that the district court's decision was incorrect, and additionally, that the decision would have negative consequences for other visual artists. VLA sought additional pro bono counsel for Mr. Büchel, and obtained the New York law firm of Wachtell, Rosen, Lipton & Katz as well as the Boston law firm of K & L Gates, LLP.
 
The case is currently under appeal in the United States Court of Appeals for the First Circuit. 
New VLA Member Services
 
Law Firm and Corporate Members:

VLA has just developed two new opportunities for attorneys and other legal professionals, and are now available à la carte or as part of the benefits of a Corporate/Law Firm Membership at the Patron Level. 
 
Artist, Arts Organization, and Legal Professional Members:
 
VLA has also just developed an additional training opportunity for attorneys and arts professionals looking to make a career transition (from legal practice to nonprofit careers).
 
For more information on these new programs and on becoming a law firm or corporate member, please click here  (pdf version).
Legal Issues In Contemporary Art: Copyright
 
2.0 CLE Credits Available, 1 Ethics and 1 Professional Practice (Transitional)
 
In a digital age, artists need to be more aware than ever of copyright laws as well as other legal issues that may affect their practice and the presentation of their work. The current AP v. Shepard Fairey and the Patrick Cariou v. Richard Prince lawsuits illustrate this. This two-hour class will focus on copyright law, with a primer on some of the more pressing legal concerns for artists today, such as the use of logos and brands, the internet, and moral rights. The issues raised by the Shepard Fairey and Richard Prince lawsuits will also be discussed.
 
This class serves also as an introduction to copyright law for admitted attorneys. Two (2) CLE credits are available.
 
To register for this class, click here (pdf version). Celebrate Cinco de Mayo by learning a bit of contemporary art and copyright law. Refreshments will be served!
 
For more information on this class, please click here.
MediateArt Training Program 
 
Coming Summer 2009
 
18 CLE CREDIT HOURS
 
MediateArt is VLA's alternative dispute resolution, contract negotiation, and negotiation counseling department. A vital program of VLA's since 1998, MediateArt offers members of the arts community an alternative, non-litigious way in which to resolve their disputes. MediateArt's services are also available to negotiate contracts, business partnerships, and other collaborations. This fall, VLA is offering a two-day intensive workshop of basic mediation training for attorneys, artists, arts administrators, and other professionals with an interest or background in the arts or in intellectual property. The workshop will cover basic mediation, negotiation, and facilitative leadership skills with a focus on the resolution of disputes without litigation. Participants will learn and practice effective mediation skills and will receive one-on-one feedback from experienced mediators.
 
For more information please e-mail Ben Brandow at bbrandow@vlany.org, or contact him via phone at 212.319.2787 x14
 
FEE: Artists: $350; Attorneys: $475 
DATES & TIMES: TBA
Forming Your For-Profit Arts Business 
 
This workshop provides valuable information about starting an arts-related business. Covered issues also include: For vs. Non-Profit incorporation, fiscal sponsorship, selecting and protecting business names; the legal and tax characteristics of LLCs an publication requirements, partnerships, and type C and S corporations; choice of jurisdiction; financing your business; employees and independent contracts; and insurance.
 
Fees:
Arts Professional VLA Member: $50
Arts Professional Non-VLA member: $75
VLA Legal Professional Member: $125
Legal Professional Non-Member: $175
 
Classes will be held on the following dates and times:
March 19, 4-6pm
April 30, 4-6pm
May 21, 4-6pm
June 18, 4-6pm

For more information and registration form, please click
here. 
Nonprofit Incorporation and Tax-Exemption Workshop 
 
This workshop provides valuable information about starting a nonprofit organization. State issues to be covered include articles of incorporation, bylaws, and the first organization meeting. Federal issues include the Internal Revenue Code Section 501(c)(3) and corresponding regulations, application for employer identification number, IRS disclosure rules, unrelated business taxable income, charitable contributions, and restrictions on lobbying. VLA requires all applicants seeking Nonprofit Incorporation and Tax Exempt Status services through VLA to attend one of these workshops before a volunteer attorney can be assigned to them.
 
Upcoming classes will be held on:
Thursday, April 16, 1-4pm
Tuesday, May 19, 1-4pm*
Tuesday, June 16, 1-4pm
 
*CLE credit (Professional Practice, traditional format, transitional and non-transitioanl) is available for eligible attorneys on dates indexed with an asterisk.
 
For more information on this class, please click here, or you may contact Joni Todd at 212.319.2787 x10, or e-mail her at jtodd@vlany.org jtodd@vlany.org.
Law and Film CLE Ethics Class 
 
2.0 CLE Ethics Credits Available (Transitional and non-Transitional)
 
VLA is proud to announce a new CLE law and film series. Our new law and film series will focus on the study of ethics through the prism of film and cinema. Attendees will be mailed a DVD of the film along with reading material two-weeks before the class. Registered participants will then attend a two-hour class to discuss the film and readings.
 
To launch our new law and film series, we began with Joel and Ethan Coen's film, based on Cormac McCarthy's 2005 novel, No Country for Old Men. Please check our website as we will be posting the new film along with class date and time soon.
 
For more information on this workshop, please click here.
 
About Us
 
Since 1969, Volunteer Lawyers for the Arts has been the leading provider of pro bono legal services, mediation services, educational programs and publications, and advocacy to the arts community in the New York area. Through public advocacy, VLA frequently acts on issues vitally important to the arts community in New York and beyond. As the first arts-related legal aid organization, VLA is the model for similar organizations around the world.
 
VLA is supported in part with public funds from the National Endowment for the Arts, the New York State Council on the Arts, a State Agency, the New York City Department of Cultural Affairs, and through generous gifts from law firms, corporations, foundations and individuals.
 
Volunteer Lawyers for the Arts
1 East 53rd Street, 6th floor
New York, New York 10022
(212) 319-ARTS (2787)
 
Our Supporters
 
VLA is a 501(c)(3) nonprofit legal service organization supported in part with public funds from the National Endowment for the Arts, the New York State Council on the Arts, a State Agency, and the New York City Department of Cultural Affairs and through generous gifts from corporations, foundations and individuals. View a full list of foundation and government supporters here; to view a full list of law firm and corporate supporters, click here.

Under the Cherry Moon
joni
VLA is proud to introduce our new administration director, Joni Renee Todd.  Joni received an M.A. in Modern Art and Critical Theory from Columbia University. Prior to joining VLA, she worked at several museums in both New York and Chicago and still volunteers regularly at an art museum. When not volunteering, she likes to frequent other museum exhibitions, watch films, read, and spend time with friends. She is an ardent fan of Prince's music and is only 3 hard-to-find albums away from completing her Prince vinyl collection! We welcome Joni to the VLA family!
Join Our Mailing List
Quick Links to Class Registration Forms
For-Profit Arts Businesses
 
 
With the exception of the "For-Profit Arts Business" class, all of the classes above are available for CLE credit.
Education
Our Department of Education offers a wide variety of discipline-specific and general educational programs, both at its office and privately on location for law firms and art, cultural and service organizations. VLA is also certified by the New York State Bar Continuing Legal Education Board as an accredited provider of Continuing Legal Education courses and programs. Accordingly, VLA provides CLE classes at its office, and privately for law firms at their offices. VLA also custom designs courses, including CLE classes, upon request.

For more information on any of our programs please call Sérgio Muñoz Sarmiento at 212·319·ARTS (2787), ext.13.
Legal Services
VLA's Legal Services program is the central focus of our activities and resources. The program includes a wide range of services including: the Art Law Line, a legal hotline; the VLA Legal Clinic for VLA members; in-house appointments with VLA staff attorneys; and pro bono placements for low-income artists and nonprofit arts organizations with one of over 1,200 volunteer attorneys.
 
If you are a practicing attorney, you may view the current cases available for pro bono placement by clicking here.
 
For more information on any of our programs please call Alexei Auld at 212·319·ARTS (2787), ext.12, or Ben Brandow at 212·319·ARTS (2787), ext.14 
 
You may also call our Art Law Line at 212.319.2787 x1, Monday through Friday, 10:00 a.m. to 5:00 p.m. 
VLA Library and Bookstore
VLA has a small but in-depth book library containing a wealth of materials and resources for artists, arts organizations, and legal professionals. Our books and materials cover diverse areas such as nonprofits, fiscal sponsorships, visual art, music, theater, dance, writing, film, internet, and digital media, all in relation to intellectual property, contracts, licensing, legal entities, free speech, employment law, and grantwriting. Access to VLA's library is free and is open to the public Monday through Friday, 12 to 6pm.
 
Along with providing individuals and organizations with access to the VLA's Library, VLA makes available a wide variety of books for all arts disciplines and organizations. For a list of our publications and books available for sale, please visit our list. For book prices and shipping fees, please contact VLA at our ArtLawLine at 212.319.2787, x1.
VLA Calendar
Keep up with our events, classes, workshops, and legal clinics through our calendar.
Financial Hardship Policy

 

Full and partial scholarships to attend VLA's Continuing Legal Education programs are available to persons with demonstrated financial hardship. To apply, applicants must submit a request, on letterhead if possible, stating the reason for their interest, proof of income or an explanation of their financial hardship, and a completed course registration form. Scholarships will be awarded on a space-available basis, with preference given to applicants in order of date submitted. For more information please view http://www.vlany.org/education/clecredit.php
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