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Volunteer Lawyers for the Arts Newsletter
 
 
July 2009
Greetings!
 
This year's Summer Benefit at the Gagosian Gallery honored four attorneys who have graciously provided endless support, time, and devotion to one of our clients. The Summer Benefit was a huge success, bringing together a range of our friends, donors, and supporters from both the legal and artistic communities. 
 
On June 2nd, VLA attorneys and interns took a road trip to Boston, MA for the Mass MoCA v. Büchel appeal to hear the oral arguments. Our interns enjoyed themselves while learning much about the federal court system as well as briefing and argument skills.
 
vla.buchel.case
(Elena M. Paul, VLA's executive director, walking toward Federal Courthouse with VLA interns Amanda Kleinrock, Chris Vidiksis, and Sally Hartman) 
 
 
Last month VLA also made news in American Lawyer.com. Fulfilling our pro bono role, VLA placed a client with the New York law firm of Kirkland & Ellis LLP. American Lawyer asks: "So what type of Houdini-esque shenanigans is [the VLA client] summoning to help pay his high-priced Am Law 100 lawyers? The spirit of pro bono, of course."

We look forward to seeing our friends, members, and new faces at our Dia:Beacon Garden Reception on Saturday, July 18, 2009, 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 BüchelErin Donnelly, Director of Artist Residencies at the Lower Manhattan Cultural Council; and The Edmond de Rothschild Foundation. For more ticket information, directions, and general information, please click here.
 
Speaking of good spirits, if you're a VLA volunteer attorney or a VLA artist member, please view the bottom of this newsletter for a special ticket offer for our Dia:Beacon Garden Reception and for discounts to our classes and workshops. 
 
Lastly, don't forget to review our class offerings for the month of July. 

 
Sergio Muņoz Sarmiento, Esq.
Associate Director
In This Issue
Garden Reception at Dia:Beacon
Film-Music-Interactive Bootcamp
Career Opportunities in Art & Entertainment Law
Contemporary Art & Copyright Class
Class: Starting A For-Profit Business
Class: Nonprofit Start-Up
VLA Teams Up With Dia:Beacon
Become a VLA Member
Financial Aid
Legal Services
Education
Library & Bookstore
Calendar
VLA's Garden Reception at Dia:Beacon 2009 
 
Presenting
The David Alfaro Siqueiros Awards

These awards honor two individuals and one philanthropic organization who represent David Alfaro Siqueiros' artistic philosophy and integrity. Come help us thank our dedicated supporters and donors at Dia:Beacon, located on the Hudson River in Beacon, New York. Dia:Beacon is a museum which houses its renowned permanent collection comprised of major works of art from the 1960s to the present. 
 
2009 Award Recipients

Christoph Büchel, Artist

Erin Donnelly, LMCC

The Edmond de Rothschild Foundation, New York


Saturday, July 18, 2009
4:30 - 7:30 pm
5:00pm: guided gallery tour RSVP required
6:30pm: award presentations


Dia:Beacon
Riggio Galleries
3 Beekman Street
Beacon, NY 12508

Click here for directions, or click here for MTA train information.

Proceeds will support VLA's mission and student projects at the CalArts School of Art.
 

If you have any questions, or would like to purchase tickets via phone, please email Kelly Kocinski, Director of Development, at kkocinski@vlany.org, or contact her via phone at 212.319.2787 x18.
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. 
Career Opportunities in Art & Entertainment Law 
 

When: Wednesday, July 22, 2009: 5:30pm - 7:30pm

Where: Lovells LLP, 590 Madison Avenue, NY, NY 10022 (at 57th Street)

VLA is proud to host this panel of distinguished art and entertainment attorneys to speak about their personal career trajectories and what got them there. This panel is intended for young lawyers, law students, and individuals interested in careers in art, intellectual property, and entertainment law - fields that span the full range from copyright, trademark, licensing, and television programming, to visual art, literature, music, theater, dance, and nonprofit corporations.

This career panel will be the inaugural event for VLA's Young Associates Membership (YAM). YAM is our new membership category exclusively for young lawyers (in their 1st - 4th years of practice).

Next year, VLA will host a variety of events for YAMs designed to encourage members' understanding of the representation of artists and arts organizations as well as to foster an appreciation for contemporary art and promote members' involvement in philanthropic activities. Programs currently being planned include music, film and concert events; private studio tours; curator-led exhibition and gallery tours; and art fairs. YAM is a great way to meet other young lawyers as well as artists, musicians, filmmakers, curators, and collectors.

As of June 30th, panel currently includes:

· Sonia K. Katyal, Esq., Associate Professor of Law, Fordham Law School
· Andrew Lee, Esq., Principal ALL Counsel & Consulting, Former General Counsel New York Jets
· Hillel I. Parness, Esq., Lovells LLP
· Elena M. Paul, Esq., Executive Director, Volunteer Lawyers for the Arts
· Peter R. Rienecker, Esq., Vice President and Senior Counsel, Original Programming, Home Box Office, Inc.
· Sergio Muņoz Sarmiento, Esq., Associate Director, Volunteer Lawyers for the Arts
· Donn Zaretsky, Esq., John Silberman Associates PC

Fees:
Non-Members: $75 ($100 at the door)

YAM Membership & Career Panel: $100 ($125 at the door).
Note: YAM membership is regularly $100

To register for this Career Panel, please click here for registration form (PDF). Please note that there will NOT be any CLE credit for this event.
 
For more information, please call Ben Brandow of Volunteer Lawyers for the Arts at 212.319.2787 x14, or e-mail him at bbrandow@vlany.org.
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 and for registration form, please click here, or you may contact Joni Todd at 212.319.2787 x10, or e-mail her at jtodd@vlany.org 
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:
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. 
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:
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 
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:
 
Sold out! 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 17, 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 Muņoz 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

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.
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 ā 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).
 
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)
 
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.
Join Our Mailing List
VLA Features Its 2009 Summer Interns
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.
 
VLA interns summer 2009
(Left to Right: Chris Vidiksis, Sally Hartman, Amanda Kleinrock, VLA's associate director, Sergio Muņoz Sarmiento, and Chris Holt)
 
Sally Hartman graduated magna cum laude from Middlebury College in 2006 with a degree in Spanish and the History of Art and Architecture. She completed her Senior Honor's Thesis in Spanish on the etchings of Francisco de Goya. Upon graduation, she spent two years in the Impressionist & Modern Art Department at Sotheby's, New York where she assited both senior specialists and in-house attorneys. She recently completed her first year of law school at University of Oklahoma College of Law.
 
This fall, Chris Holtz will begin his second year at the St. John's University School of Law.  Chris completed his undergraduate education at the University at Buffalo, where he studied political science and media study.  While growing up in Rochester, New York, Chris spent much of his youth watching and playing hockey.
 
Kristen Kato has been working at VLA since 2008, and is currently a VLA intern teaching assistant. She will be entering her third year at Brooklyn Law School this fall. Kristen grew up in Spokane, WA, and moved east to pursue undergraduate studies at Boston University. She moved to NYC after graduating, and has been living and working there ever since. In addition to her work at VLA and her studies at Brooklyn Law School, Kristen has interned at the Gowanus Canal Conservancy and currently works as a nanny for several local families.
 
Amanda Kleinrock grew up in South Florida, where her free time was spent climbing trees, cheerleading, and glazing lopsided ceramic bowls.  She received a B.S. in Psychology from the University of Florida in 2007.  During college, Amanda volunteered in the Pediatrics unit at Shands Hospital and worked on a sustainable coffee plantation in Costa Rica.  This fall, Amanda will be a second year law student at Cornell Law School in Ithaca, New York.  Amanda enjoys sailing, surfing, and drawing.  She collects rainbow Sharpies and tiny tropical drink umbrellas.  
 
Chris Vidiksis is currently a VLA intern teaching assistant, and this fall will be entering his third year at Brooklyn Law School where he is specializing in Intellectual Property, New Media, and Internet Law.  Working as a research assistant under Law Professor Derek Bambauer has helped Chris in developing his thesis on the jurisprudential effects of recent court decisions on copyright and digital data mining practices for his forthcoming publication in the Brooklyn Journal of Corporate, Financial and Commercial Law.  He is a Richardson Merit Scholar and supplements his studies as an active member of the Executive Board of the Brooklyn Entertainment and Sports Law Society.  In addition to his academic legal pursuits, Chris also enjoys playing bass guitar both recreationally and as a studio musician.  As a longtime resident of Brooklyn with a love for the arts, he is very involved in the New York arts, music, and legal community.  He has been working with Volunteer Lawyers for the Arts since Fall 2008. 
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

 

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
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

 

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 Muņoz Sarmiento at 212·319·ARTS (2787), ext.13.
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.
Join Our Mailing List
Are you a VLA 
volunteer attorney?
 
If you are a VLA volunteer attorney and have taken a VLA case within the last year, VLA is offering you discounted 2009 Dia:Beacon Garden Reception tickets for only $25 each (regular price $100 each; two ticket maximum). 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: Julu 17, 2009
Are you a VLA artist member?
 
If you are a visual or performing artist and would like to attend our 2009 Dia:Beacon Garden Reception, VLA is offering you discounted tickets for only $10 each (Regularly $75 each; one ticket maximum). 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: July 17, 2009
Are you an artist?
 
Save 25%
During these difficult economic time, VLA would like to make it easier for visual and performing artists, as well as writers of all kinds, to attend our classes and workshops. 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 _______________________
 
 
For a list of classes, please visit our website at www.vlany.org
 
Offer Expires: July 31, 2009. You must register to any class by July 31, 2009 to receive this discount.