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Volunteer Lawyers for the Arts Newsletter
 
 
September 2009
Greetings!
 
VLA welcomes our new Legal Fellow, Brittany M. Bacon, who will be with us starting September 8th. Brittany is a recent graduate of Washington University in St. Louis Law School and holds a B.A. in Political Science from the University of Notre Dame.

As of this month, VLA will begin featuring pro-bono attorneys who have volunteered their time and legal services for VLA clients. This month we feature Bethany Haynes, of Skadden, Arps, Slate, Meagher & Flom, LLP & Affiliates.

VLA's new Young Associates Membership (YAM) category exclusively for young lawyers and professionals successfully launched in July. Our first YAM event will take place in September. Many events have been planned in collaboration with NADA (New Art Dealers Alliance) and will include a visit to the Tischman Speyer Corporate Collection in Rockefeller Center. For more information on becoming a YAM, click here.
 
In celebration of our 40th Anniversary, VLA has also confirmed a date for its Fall Benefit, which will take place on November 17th at Sotheby's Auction House. Sotheby's has provided VLA with a space during their Latin American sale which is not to be missed so please mark you calendars and save the date.

In addition to our monthly For-Profit and Nonprofit Workshops, VLA is proud to be offering the second installment in its Law and Film CLE Ethics series this fall. With four upcoming plays in New York City, playwright and filmmaker David Mamet was an obvious choice for our next Law and Film CLE class. We've decided to feature his controversial film from 1992, Oleanna, which will take place on October 6th. VLA will also hold another Legal Issues in Contemporary Art: Copyright workshop on September 22nd. For more details on these workshops and others offered by VLA, scroll down or click here. Lastly, our lecture on Legal Issues in Contemporary Art will take place at Dia:Beacon on September 12th.

We hope you have enjoyed your summer and we look forward to seeing you this fall.

Very truly yours,
  
Elena M. Paul, Esq.
Executive Director

 
Sergio Muñoz Sarmiento, Esq.
Associate Director
In This Issue
Class: Ethics, Law, and Film
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
Calendar
Law and CLE Film Class
 
The Violence of Language in David Mamet's Oleanna
 
2.0 CLE Ethics Credits Available (Transitional and non-Transitional)
 
VLA is proud to announce a the second class in it's new CLE law and film series. Our new law and film series focuses on the study of legal ethics through the prism of film and cinema. Attendees will be mailed a DVD of the film, a copy of the play along with reading material two-weeks before the class. Registered participants will then attend a two-hour class on October 6th to discuss the film and readings.
 
In this class we will cover David Mamet's Oleanna, a film about the power struggle between a university professor and a student who accuses him of sexual exploitation. This class will examine and analyze the ethical issues presented in both the original 1992 play and later film adaptation. Ethics, morals, language and laws are all seen in this story in literal and abstract representations, allowing for both practical and philosophical discussions as to how they may apply to interpersonal relations and how at times certain choices can produce unintended consequences. 
 
For more information on this workshop, please click here.
Legal Issues in Contemporary Art:
Copyright 
 
*2.5 CLE Credits Available, 1 Professional Practice , 1 Skills and .5Ethics (transitional)
 
This workshop is held on Tuesday, September 22, 2009, 5:30pm-8:00pm  
 
Now more than ever, visual and performing 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. This 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 appropriated logos and images, fair use, as well as moral rights. This class will give an overview of a few cases that clearly illustrate the recent explosion of copyright lawsuits: Associated Press v.Shepard Fairey; Patrick Cariou v. Richard Prince; Gaylord v. United States. We will also discuss the legal issues related to blogs, websites, and website aggregators.
 
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: $75
Arts Professional Non-VLA member: $100
VLA Legal Professional Member: $125
Legal Professional Non-Member: $175
 
Classes will be held on the following dates and times:
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:
Monday, September 14, 1-4pm*
Tuesday, October 20, 1-4pm*
Monday, November 16, 1-4pm*
Tuesday, December 8, 1-4pm
 
*3.0 CLE credit (2 Professional Practice and 1 Skills, traditional format, transitional and non-transitional) 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. Two more topics are currently scheduled:
 

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 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

Tax and Financial Planning for Artists

 
The purpose of this workshop will be to provide freelance artists with basic financial and tax information which will allow them to take advantage of their self-employed status and to meet the challenges inherent in freelancing. Too many freelancers feel they are on a perpetual treadmill from which they can't escape. One reason is that they have their eye on their unpaid bills rather than on their cash flow and their ongoing financial picture. This class will focus on ways freelance artists can better track their income and keep track of their deductible expenses. Advice and other tax tips will be customized by freelance profession whether you are a visual artist, editor, designer or musician.

This class will be taught by Susan Lee, EA, CFP® a tax and financial consultant who specializes in taxation for artists in New York City. She has a weekly personal finance show on WBAI-FM. Her website is www.freelancetaxation.com.

When:
December 2, 6-8 pm
Where:
VLA, 1 East 53rd Street, NY, NY 10022 (Auditorium)

Fees:
Artist (VLA member): $25
Artist (non-member): $35

To register, please complete this registration form. All registration fees are non-refundable. You will receive a confirmation email one week before the scheduled date of the class. Info or questions? Please call Caroline Gabrielli at: at 212.319.2787 x12 or cgabrielli@vlany.org.



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).
 
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.
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VLA Pro-Bono Attorney of the Month
 
Bethany Haynes, Esq. 
Bethany Hayes
 
This month VLA would like to highlight Bethany Haynes, associate in the corporate finance department at Skadden, Arps, Slate, Meagher & Flom LLP & Affiliates. Bethany graduated from University of Chicago Law School in 2004. Her pro-bono work for VLA has included assistance to many nonprofit organizations throughout the city including Collaboration Town, A Theatre Company and The Australian-American Production Company, Inc.
 
Interested in theater and ceramics, Bethany has helped develop a fiscal sponsorship program for a not-for-profit arts organization focusing on contemporary Middle Eastern filmmakers and visual artists. She is also a member of the Board of Directors of HERE Arts Center.
Quick Links to Class Registration Forms
 
 
 
With the exception of the "For-Profit Arts Business" and "Tax and Financial Planning for Artists" 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 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 Muñoz 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.
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