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Volunteer Lawyers for the Arts
February 2010
 
 
 
Greetings!
 
VLA is proud to announce the launch of its Art & Law Residency Program. Designed for professional visual artists and arts writers, the core of the program will consist of bi-monthly seminars directed at the theoretical and critical examination of current art and law issues. Seminars will take place at the law firm of Morrison & Foerster LLP. The VLA Art & Law Residency Program is made possible in part by a generous grant from the Dedalus Foundation, and in-kind contributions from Maccarone Gallery and Morrison & Foerster LLP. For more information and application guidelines visit here.
 
In February, VLA will also launch its free Law School for Visual Artists. Beginning on February 3, 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. This lecture series is made possible by generous grants from The MetLife Foundation and The Dedalus Foundation. This lecture series is co-sponsored by NADA (New Art Dealers Alliance).
 
January marked the beginning of the spring semester for VLA Clinic Interns from Columbia Law School and Brooklyn Law School
VLA was fortunate to have Jessica E. Nachman and Jared Jamesson, both third-year students at Harvard Law School, volunteer their time during the first few weeks of January. VLA Interns are crucial to VLA's operations and, as always, VLA is grateful for all of their help.
   
In addition to our monthly For-Profit and Nonprofit workshops, VLA is proud to offer our Film - Music - Interactive Legal & Business Bootcamp on March 12. This day long course is specifically designed for filmmakers, musicians, web designers, bloggers, and anyone working in interactive media. Cultural organizations, recently admitted attorneys, and other professionals who represent artists may also benefit from this program.
 
Other new classes include Legal Issues in the Fashion, Apparel, and Design Industry. This class will take place on February 2, and will include panelist Barbara Kolsun, Esq., Executive Vice President General Counsel, Stuart Weitzman, LLC and Theodore C. Max, Esq., Partner, Sheppard Mullin Richter & Hampton LLC. This class is almost sold out ,with very few seats available. If you'd like to register, please call Joni Todd at 212.319.2787 x10 before 3pm EST.
 
Due to the success of January's CLE Legal Issues in Film, the class will be held again on March 25.
For more details on these workshops and others offered by VLA, scroll down or click here.
 
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 us, with all proceeds benefiting VLA. Prints are available for sale. For more information on the print please click here.
 

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

 
Sergio Muñoz Sarmiento, Esq.
Associate Director
In This Issue
One-Time Donation to VLA
Jim Hodges Print
Film, Music, Interactive Legal & Business Bootcamp™
Starting A For-Profit Business
Nonprofit Start-Up
Legal Issues in Film
Financial Aid
Legal Services
Library & Bookstore
Calendar
Donate to VLA
 
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.
 
Donate 
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 was held at the Centre Pompidou in Paris late last year. 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.
Film · Music · Interactive Legal & Business Bootcamp™
 
Friday, March 12, 2010: 10am-5pm

VLA is pleased to announce this intensive new program about the legal and business issues that affect individual artists and individuals within arts cultural institutions who make and work in film, music and interactive media.

Session will include:

· Intellectual Property (copyright, trademarks, non-disclosure agreements)
· Contract Essentials and Negotiation Skills
· For-Profit, Non-Profit, Fiscal Sponsorship Models
· Considerations for Documentary and Fact-Based Projects
· Internet, Websites, Blogs

Who Should Attend:

This course is specifically for filmmakers, musicians, web designers, bloggers, and anyone working in interactive media. Cultural organizations, recently admitted attorneys, and other professionals who represent artists may also benefit from this program.

Special Guest: (speaking at lunchtime)
Peter Rienecker, Esq., Vice President and Senior Counsel Original Programming, HBO, Inc.

For information on speakers and program details, vist here

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: 
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 [email protected] 

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, 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 [email protected] 
Legal Issues in Film 
 
*2.5 CLE Credits Available, 1 Professional Practice , 1 Skills and .5 Ethics (transitional)
 
This workshop is held on Thursday, March 25, 2010, 4 - 6:30pm 
 
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.  
 
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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        Snapshot: VLA Interns 
 
 
 
 
Jared R. Jamesson. Jared is a third-year student at Harvard Law School and received a B.A. in Economics and Political Science from Case Western Reserve University. He worked as a summer associate in the New York office of Willkie Farr & Gallagher LLP in 2009 and in the Cleveland, Ohio office of Jones Day in 2008. At Harvard, Jared is a member of 3L Class Committee, LAMBDA, and the Journal of Law and Technology. He plans on returning to Willkie as an associate after graduation. In his free time, Jared enjoys fantasy football (when in season), watching DVDs, and going to concerts.
 
Jessica E. Nachman. Jess is currently a third-year student at Harvard Law School and received a B.A. in History from Yale University. Prior to interning at VLA this January, she worked as a summer associate in the New York office of Cravath, Swaine & Moore LLP in 2009 and as a summer associate in the New York office of Quinn Emanuel Urquhart Oliver & Hedges, LLP in 2008. At Harvard, Jess is an Article Editor of the Journal of Law and Technology, a member of the Board of Student Advisers, and a 3L Class Marshal. After graduation, she plans on clerking for the Hon. Judge Richard Berman of the Southern District of New York and then returning to Cravath as an associate. In her free time, Jess enjoys reading entertainment magazines and fiction books, going to the movies, and traveling.
VLA Pro Bono Story of the Month 
 
In Their Own Words: free103point9
 
Originally based in Brooklyn, media arts organization free103point9 expanded activities to upstate New York in the fall of 2004, establishing Wave Farm on 29 acres in the beautiful foothills of Catskill Mountain Park. Outdoor summer performances and artists residencies were successfully presented in 2005, 2006, and 2007 with special event town permits and other NYS licensing secured. In November 2007, free103point9 began what would become a 2 ½ year Site Plan Review with the Town of Cairo Planning Board, located in Greene County, NY, to complete a building to house a library, artists-in-residents, a radio station studio, and to continue hosting an average of four summer events each year.

 

After an unprecedented level of scrutiny, the Planning Board denied the Wave Farm application in September 2008. State Supreme Court Judge Joseph Teresi overturned the first denial, finding that the Planning Board had violated public meeting law and applied the incorrect Site Plan Law to the Wave Farm application in January 2009. The Planning Board's second denial was also overturned by Judge Teresi, who found the denial resolution to be arbitrary and capricious.  In May 2009 the Town Board of Cairo voted to appeal Judge Teresi's ruling.

 

At this point we found ourselves 18 months and six figures into what seemed to be an impenetrable process at the Town level. Funds had been drained and our local counsel, who had graciously donated considerable time to our project already, was unable to offer pro bono representation moving forward. VLA came to the rescue.

 

With the help of VLA we secured representation from Sidley Austin LLP to pursue a 1983 action asserting that our constitutional rights had been violated by the Town of Cairo and it's Planning Board members. Milan Markovic of Sidley Austin LLP became our counsel, and was later joined by his associate Elizabeth Toben. Markovic and Toben contributed hundreds of pro bono hours in preparation for an anticipated November 2009 deposition schedule and subsequent trial. On November 10, 2009, prior to depositions commencing, a settlement conference between our counsel from both Sidley Austin and Freeman Howard and the Town of Cairo Planning Board, led to a tentative agreement including approval of the Wave Farm Site Plan, dismissal of the Town's Appeal, and financial remuneration. These terms were confirmed by votes at December Planning Board and Town Board meetings. Wonderfully and finally, we are now concentrating on steps towards completion of the Wave Farm Study Center building.

 

It's difficult to articulate the impact of VLA's and Sidley Austin's support. It has meant the world to free103point9 and the artists and audiences we serve. We are forever grateful.

 

Galen Joseph-Hunter

Executive Director

free103point9

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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