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| Volunteer Lawyers for the Arts Newsletter |
June 2009 |
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| Greetings!
We look forward to seeing our friends, members, and new faces at our 2009 Summer Benefit on June 22, 2009. This year's summer benefit at the Gagosian Gallery will honor four attorneys who have graciously provided endless support, time, and devotion to one of our clients, and will also feature Norwegian artist and DJ Are Mokkelbost spinning the beats. If you're a VLA volunteer attorney or an artist, please view the bottom of this newsletter for a special ticket offer for our Summer Benefit and for discounts to our classes and workshops.
We will be having an additional summer event at Dia:Beacon to thank our dedicated donors and supporters. Keeping in mind that the artistic community provides us with intellectual and aesthetic nourishment, VLA will, through our Dia:Beacon event, raise funds to support student projects at the CalArts School of Art. We are also launching our first David Alfaro Siqueiros award at this event, which will honor two individuals and one philanthropic organization that we think highlight Siqueiros' artistic philosophy and integrity. This year we will be honoring Swiss artist Christoph Büchel; Erin Donnelly, Director of Artist Residencies at the Lower Manhattan Cultural Council; and The Edmond de Rothschild Foundation. Please check our website soon for tickets and reservations.
In other news, our Executive Director, Elena M. Paul, and I, will be in Boston, MA on Tuesday, June 2nd, for the Mass MoCA v. Büchel oral arguments. The New York law firm of Wachtell, Rosen, Lipton & Katz is lead counsel on this case, and the Boston law firm of K & L Gates, LLP is co-representing Mr. Büchel.
Lastly, don't forget to review our class offerings for the month of June. Coming up is a 2 1/2 hour class on copyright, and we are in the process of finalizing our film selection for the next Law & Film Ethics class. Please visit our website soon for more details.
Sergio Muñoz Sarmiento, Esq.
Associate Director |
| Save the Date! |
VLA's 2009 Summer Benefit and Awards Ceremony
K & L Gates LLP
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. |
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VLA Teams Up with Dia:Beacon |
Art Law: After Conceptual Art, in the Digital Age, and During Lean Times
VLA is proud to co-sponsor a series of classes with Dia:Beacon focusing on current legal issues in art. Three topics are currently scheduled:
Saturday, June 27, 2009, 2pm: Copyright Law for Visual Artists
This workshop is appropriate for artists and arts organizations in all fields. Topics will include the general standards for copyright protection; non-copyrightable subject matter; works of authorship (categories; exclusive rights); moral rights; publication, notice, and other formalities; the advantages of registration; ownership (initial ownership; transfers; works-for-hire); infringement and remedies; fair use; and protection duration. The workshop will also provide a brief overview of trademark law and how it differs from copyright.
Saturday, September 12, 2009, 2pm: Legal Issues in Contemporary Art
Through some recent, and not so recent, case studies, this workshop will provide artists and arts organizations with a primer on some of the more pressing legal concerns for artists today, such as contractual agreements; consignment laws; the use of appropriated material; websites and the
internet; and moral rights.
Saturday, October 1, 2009, 2pm: Considering the Fiscal Sponsorship Model to Structure and Support Art Projects
Many independent artists as well as small and new arts organizations require public donations and contributions to carry out certain artistic projects. Without the requisite 501(c)(3) status, these artists and organizations face difficulties in raising funds from philanthropic individuals, charitable foundations, and government institutions. Fortunately, Fiscal Sponsorship arrangements exist which enable individual artists, as well as small and new arts organizations, to raise grants and tax-deductible contributions for their projects. Because Fiscal Sponsorships are regulated by the IRS, there are some complicated legal issues involved. Failure to comply with IRS regulations can create legal complications for the artist and/or organization. Additionally, a Fiscal Sponsorship creates an arrangement between artist and sponsor, thus calling for a written agreement where issues of liability and intellectual property will be clearly manifested.
All classes will be held and Dia:Beacon, Riggio Galleries, and will be taught by Sergio Muñoz Sarmiento, Associate Director, Volunteer Lawyers for the Arts, NYC
Seating will be limited. For more information on these new programs, and to make program reservations, call 845.440.0100 x19 or email rsvpVLA@diaart.org
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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. |
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Film - Music - Interactive Legal and Business Bootcamp |
VLA is pleased to announce this intensive new all-day program about the legal and business issues that affect individual artists and individuals within arts organizations and cultural institutions who make and work in film, music, and interactive media (websites, internet, video games).
Sessions will include:
Intellectual Property
Contract Essentials and Negotiation
Exploring For-Profit & Non-Profit Business Models
Considerations for Documentary and Fact-Based Projects
Internet, Websites, Blogs
Special Guest:
Peter Rienecker, Esq., Vice President and Senior Counsel Original Programming, HBO, Inc., will speak during lunch break.
Fees:
Artists and Students: $149
Arts Organizations: $199
All Lawyers: $299 (7 CLE Credits: 3 Professional, 2 Skills, 2 Ethics)
Date and Time:
Friday, July 10, 2009: 10am to 5pm
Note: Continental breakfast and lunch will be provided
Location:
Herrick, Feinstein LLP
2 Park Avenue
New York, New York 10016
For more information on this class, please click here, or you may contact Ben Brandow at 212.319.2787 x14, or e-mail him bbrandow@vlany.org To register for this class, please click here. |
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Legal Issues in Contemporary Art:
Copyright |
*2.5 CLE Credits Available, 1.5 Professional Practice and 1 Ethics (transitional)
This workshop is held on Tuesday, July 14, 2009, 5:30pm-8:00pm
In a digital age, artists need to be more aware than ever of copyright laws and the legal issues that may affect their practice and the presentation of their work. The current Associated Press v. Shepard Fairey and the Patrick Cariou v. Richard Prince lawsuits, as well as the legal issues related to virtual gifts, Scribd, and web aggregators, clearly 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 images, the internet and websites, as well as moral rights. The issues raised by the Shepard Fairey and Richard Prince lawsuits will also be discussed.
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 |
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MediateArt Training Program 2009 |
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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: $295; Attorneys: $475
DATES & TIMES: June 9th, 10am-6pm, and June 10th, 10am-6pm
Location: Orrick, Herrington & Sutcliffe LLP, 666 Fifth Avenue, NY, NY 10103 |
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Forming Your For-Profit Arts Business |
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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:
June 18, 4-6pm
July 16, 4-6pm
August 20, 4-6pm
September 17, 4-6pm
October 15, 4-6pm
November 19, 4-6pm
December 17, 4-6pm
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
To register for this class, please click here. |
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Nonprofit Incorporation and Tax-Exemption Workshop |
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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:
Tuesday, June 16, 1-4pm
Tuesday, July 21, 1-4pm*
Tuesday, August 18, 1-4pm
Monday, September 14, 1-4pm*
Tuesday, October 20, 1-4pm*
Monday, November 16, 1-4pm*
Tuesday, December 8, 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 |
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Law and Film CLE Ethics Class |
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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. | |
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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). |
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About Us
Since 1969, Volunteer Lawyers for the Arts has been the leading provider of pro bono legal services and mediation, as well as educational programs, publications, and advocacy to the arts community in the New York area 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)
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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. | |
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| Quick Links to Class Registration Forms |
With the exception of the "For-Profit Arts Business" class, all of the classes above are available for CLE credit. |
| Financial Hardship Policy |
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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. |
| Ways to Get Involved and Training for Attorneys |
If you're an attorney and would like to get involved with VLA, please click here for more information on our legal services, CLE classes, mediation training, and new attorney orientation programming. |
| Legal Services |
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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. |
| Education |
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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. |
| VLA Library and Bookstore |
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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 |
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Keep up with our events, classes, workshops, and legal clinics through our calendar. | |
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Are you a VLA
volunteer attorney?
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If you are a VLA volunteer attorney and have taken a VLA case within the last year, VLA is offering you discounted 2009 Summer Benefit tickets for only $50 (two ticket max.). If you're interested in purchasing tickets, please provide us with the following information and return to Kelly Kocinski at VLA, 1 East 53rd Street, 6th floor, NY, NY, 10022, or via fax to 212.752.6575.
Name: ____________________________ Firm: _________________
E-mail: ____________________________ Phone: _______________
Number of Tickets: ______
Master Card ___ Visa ___ Am Ex ___
Card # _______________________________ Exp: _____/_____
Signature___________________________________________
For more information on our Summer Benefit, please visit our website at www.vlany.org |
| Offer Expires: June 22, 2009 |
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Are you an artist?
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If you are a visual or performing artist and would like to attend our 2009 Summer Benefit, VLA is offering you discounted 2009 Summer Benefit tickets for only $10 each (two ticket max.). If you're interested in purchasing tickets, please provide us with the following information and return to Kelly Kocinski at VLA, 1 East 53rd Street, 6th floor, NY, NY, 10022, or via fax to 212.752.6575.
Name: ___________________________________ Medium: ____________________
E-mail: __________________________________ Phone: ______________________
Number of Tickets: ______
Master Card ___ Visa ___ Am Ex ___
Card # _______________________________ Exp: _____/_____
Signature___________________________________________
For more information on our Summer Benefit, please visit our website at www.vlany.org |
| Offer Expires: June 22, 2009 |
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Are you an artist?
Save 20% |
If you are a visual or performing artist, VLA is offering you a 20% discount on any class or workshop currently being offered by Volunteer Lawyers for the Arts. Please include this coupon with all registration forms. You may use one coupon per class or workshop. This coupon does not apply to any of the Dia:Beacon classes.
Student _____ Professional _____ Faculty_____
Workshop Name: ____________________________________
Medium:
Art _____ Film _____ Music _____ Theater _____ Dance _____ Writing _____
Web/Blogger _____ Other _______________________
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| Offer Expires: June 30, 2009. You must register to any class by June 30, 2009 to receive this discount. | |
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