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Volunteer Lawyers for the Arts Newsletter
 
 
January 2010
Greetings!
 
 
Happy New Year from all of us at VLA.
 
December was a very busy and successful month for VLA's Legal Services Department.  As of December 23rd, VLA placed 34 cases with volunteer attorneys and resolved another 32 matters in house. The continued success of VLA depends upon the generous commitment of time and effort made by volunteer attorneys, law firms, and corporate legal departments. Volunteer attorneys are a necessity in facilitating pro bono assistance to the arts community VLA serves. We really appreciate your taking these cases in December and hope to increase our placements throughout 2010.
 
VLA held two Legal Clinics in December. On December 3rd, the team at Proskauer Rose LLP assisted VLA clients with many issues including contract reviews for a documentary filmmaker and for a visual artist. On December 16th, Shearman & Sterling LLP assisted another group of VLA clients on their pressing matters. Consistent with Legal Clinics in the past, attendees gave glowing evaluations of those attorneys who assisted them in the consultations. VLA greatly appreciates Proskauer Rose LLP and Shearman & Sterling LLP's support and we look forward to continuing these great working relationships.
 
Earlier in December VLA participated in the NADA (New Art Dealers Alliance) Art Fair in Miami. On December 4th, VLA attorneys held an Ask the Lawyer hour which focused on the legal issues affecting visual artists and arts organizations and provided one on one time with those interested. 
 
 
Other new classes include a CLE Legal Issues in the Fashion, Apparel and Design Industry workshop addressing the legal issues in the Fashion Industry. The first class will take place on February 2nd with a panel including Barbara Kolsun, Esq., Executive Vice President General Counsel, Stuart Weitzman, LLC and Theodore C. Max, Esq., Partner, Sheppard Mullin Richter & Hampton LLC. On January 21st VLA will be offering CLE Legal Issues in Film, which will cover reality-based television and film contracts and agreements.
 
For more details on these workshops and others offered by VLA, scroll down or click here.
 
VLA is also proud to announce its new Law School for Visual Artists. This free law course for visual artists only, and will make legalese understandable. This 7-week lecture series will cover: intellectual property (copyright and trademarks); contracts, consignment agreements, and licensing agreements; basic business models (non-profit and for-profit corporations, LLCs); studio assistant and preparator employment issues; artist websites; and issues in public art and commissioning agreements. For more information and to register click here.
 
January also marks the beginning of the Spring semester for VLA Clinic Interns from Columbia University and Brooklyn Law School. VLA Interns are crucial to VLA's operations. VLA would like to welcome this semester's interns and is grateful for all their help in the coming months. 
 
This past fall VLA unveiled a new limited edition print by artist, Jim Hodges, entitled What Becomes the Sky Roberto, 2009. Mr. Hodges has generously donated these prints to VLA, with all proceeds benefiting VLA. Prints are still available for sale and for more information on the print please click here.
 
We look forward to hearing from and working with you in 2010!

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

 
Sergio Muñoz Sarmiento, Esq.
Associate Director
In This Issue
Jim Hodges Print
MediateArt's Training Program: 2010
Starting A For-Profit Business
Legal Issues in Fashion
Nonprofit Start-Up
Legal Issues in Film
New Volunteer Attorney Orientation
Become a VLA Member
Financial Aid
Legal Services
Education
Library & Bookstore
Calendar
Jim Hodges, What Becomes the Sky Roberto, 2009
 
 Sky

VLA is very pleased to announce the sale of a limited edition print by noted American artist Jim Hodges. Born in 1957 in Washington State, Hodges creates pieces using a variety of materials with the meticulous precision of collage work, sewing, assembling and cut-out. The end results are works thats are both minimal and rich. A retrospective of his work is currently on view at the Centre Pompidou in Paris through January 18th, 2010. His work is also included the collections of such institutions as The Art Institute of Chicago, The Museum of Modern Art, New York and The Museum of Contemporary Art, Los Angeles.

Mr. Hodges has generously donated these unframed limited edition prints to VLA.
 
For more information, please contact Caroline Gabrielli, at 212.319.2787 x12.
MediateArt's Training Program: 2010
 
 
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.  This summer, 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.

DATES & TIMES: (Participants must attend BOTH days)
January 26th, 10am to 6pm, and January 27th, 10am to 6pm
LOCATION: Orrick, Herrington & Sutcliffe LLP, 666 Fifth Avenue, New York, NY 10103

CONTINUING LEGAL EDUCATION CREDIT:
Attorneys attending this mediation training program may be eligible for 18 CLE credit hours (10 Areas of Professional Practice, 6 Skills Credits, and 2 Ethics Credits).  To receive CLE for this training, both sessions must be attended.  This program is "transitional" and thus newly admitted attorneys are qualified to receive CLE as well.  Course materials will be emailed in advance of the program in e-book format.

FEE: Artists $295; Attorneys $475

To register, please complete and return the registration form available here. Feel free to contact Ben Brandow at 212·319·ARTS (2787), ext.14 with any questions.

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.
 
Classes will be held on the following dates and times:
January 14, 2010, 4-6 pm
March 18, 2010, 4-6 pm
April 8, 2010, 4-6 pm
May 13, 2010, 4-6 pm
June 10, 2010, 4-6 pm
 
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. 
Legal Issues in the Fashion, Apparel, and Design Industry: Creating and Protecting Your Intellectual Property
 
When:
Tuesday, February 2nd, 2010, 5:30 - 7:30 p.m.
 
Where:
Shearman &  Sterling LLP
599 Lexington Avenue
New York, NY 10022

*2.5 CLE Credits Available, (1 Professional Practice, 1 Skills and .5 Ethics)

In celebration of Fashion Week, Volunteer Lawyers for the Arts is proud to present the first of a two part series addressing the latest legal issues facing the fashion, apparel and design (FAD) industry. The first in the series will take place on February 2nd and will consist of a panel of influential attorneys and law school professors who are at the cutting edge of this emerging field of fashion law. Moderated by Elena M. Paul, Esq., VLA's Executive Director, panel currently includes:

· Barbara Kolsun, Esq. - Executive Vice President and General Counsel, Stuart Weitzman, LLC
· Theodore C. Max, Esq. - Partner, Sheppard Mullin Richter & Hampton LLC

The panel will provide an overview of the current state of intellectual property protections for the industry as well as discuss the remedies and enforcement mechanisms for those legal rights. Our panel of experts will address the ongoing efforts to expand US copyright protection for fashion design in connection with a comparative look at intellectual property protections abroad. Topics include trademark, patent, and copyright law; government enforcement and private remedies for counterfeiting violations; and the policy issues and current advocacy efforts to expand copyright laws.

To register, please complete this Registration Form. All registration fees are non-refundable.

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, January 12, 2010, 1-4 pm*
Tuesday, February 9, 2010, 1-4 pm
Monday, March 15, 2010, 1-4 pm*
Tuesday, April 6, 2010, 1-4 pm
Monday, May 10, 2010, 1-4 pm*
Tuesday, June 7, 2010, 1-4 pm
 
*CLE Available
 
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 
Legal Issues in Film 
 
*2.5 CLE Credits Available, 1 Professional Practice , 1 Skills and .5Ethics (transitional)
 
This workshop is held on Thursday, January 21, 2010, 5 - 7:30pm 
 
This class will provide an overview of the legal issues and common business arrangements used in film and television projects. In addition, option agreements for the acquisition of literary properties, distribution agreements, and a comprehensive release for reality based television program will be discussed. We will also take a look at legal issues surrounding recent films such as Borat.  Reading materials for the class will be emailed two weeks prior the class so please register before January 8th, 2010.

 
For more information on this class and for registration form, please click here.
Volunteer Attorney Orientation
 
 
To volunteer at our clinics or take a case from our case list, VLA requires that attorneys attend a short orientation. At the orientation, important information about VLA's programs, requirements for volunteers and our administrative procedures will be covered.
 
All Attorneys must register for and attend a New Attorney Orientation before participating in VLA Clinics or taking on a VLA matter. Orientations are held at 6:00 p.m. in the auditorium in the lobby of 1 East 53rd Street, New York, NY 10022.

For additional information or to register for a New Attorney Orientation please fill out and return this New Attorney Orientation Form. You will only be contacted if that orientation is already full.
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 Stories of the Month 
 
 
Stuti Kejriwal
"I am an actor from India and was seeking a lawyer to help me with my immigration status. A joint effort with VLA led me to Mr. Daniel Aharoni, Esq., an impeccable lawyer. With his vast successful repertoire of victorious cases, Mr. Aharoni accepted my case as it was represented by VLA pro bono. The transfer of documentation from VLA to my lawyer's office was extremely speedy. Mr. Aharoni and I worked joyfully together on the excessive documentation that goes with this Visa and in due time I got my O1 Visa."
 

Daniel Popa 
"I am a Romanian born professional actor with an international resume. Two years ago, after participating in New York's Fringe Festival, I sought a lawyer to obtain an O1 Visa. Coming from a post-communist country like Romania I was unsure how one would afford to pay for a lawyer with only an actor's salary.  Asking around my New York circle of friends I found something that sounded too good to be true: the Volunteer Lawyers for the Arts. The VLA proved to be real and more than that; very serious and committed to their mission. After hearing my story VLA accepted me on their caselist. Two weeks later, David Nemes, Esq., working at that time for Goodwin Procter LLP, agreed to represent me pro bono. Mr. Nemes was always confident in my case. When the U.S.C.I.S. sent for more information, delaying the process, Mr. Nemes' reply to this request was so professionally presented that my petition for an Alien of Extraordinary Abilities Visa was approved in a matter of days.
 
What VLA does is make sure artists like I regain control of our destiny. The Volunteer Lawyers for the Arts helps artists get a real and honest chance. They also leave the artists they assist no excuse not to focus on the reason they came to this country; to prove that art is still international and that borders shouldn't stay between people that master and use the same language to express themselves."
 
Individual Donations

VLA has seen an increase in demand for pro bono legal services, in-house consultations, legal clinics, and educational programming, and we expect 2010 to be even more demanding. Would you like to support more VLA legal services and educational programming?

In 2010, your support will make possible: 
  • More legal services to low-income artists
  • More legal services to arts nonprofit organizations
  • More educational programming
  • More scholarship programs
  • More outreach programming
  • Maintaining lower fees for legal services and educational programming
  • More discounts on legal books for artists
Donations of any size will have a positive impact on our ability to provide vital services for artists and the arts community. $5, $10, $25, or $75 will help. In fact, if you donate more than $100 we will send you a VLA Supporter Box. What's in a VLA Supporter Box? Click here.
 
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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