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Volunteer Lawyers for the Arts
March 2010
 
 
 
Greetings!
 
VLA is pleased to announce the launch of its Art & Law Residency Program on March 8. 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. Stay tuned for our announcement of our first 12 residents.
 
February was a busy month for VLA's Legal Services Department.  As of February 26, VLA placed 70 cases with volunteer attorneys and resolved another 36 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. We would like to thank all of our volunteer attorneys for the genererous time and engergy given to these cases. VLA's Associate Director, Sergio , was invited by the McGill Faculty of Law for a two-day conference on art, copyright, and legal careers in non-profits.

VLA is happy to be co-sponsoring The Lower Manhattan Cultural Council's on-going yearly series, Access Restricted.  Access Restricted is an annual nomadic lecture series that opens rarely visited and often prohibited spaces in Manhattan to the general public. This year's program, Law & Representation, hosts five talks by practicing lawyers and scholars in the places where law is practiced or discussed. VLA's Sergio Mu�oz Sarmiento will participate in two lectures in the series. Access Restricted is a free lecture series and open to the public; to register for a lecture or for more information please visit Access Restricted online.
 
For the second year in a row, VLA is headed to Texas! Elena Paul will be at South by Southwest, in Austin, TX, on March 14th, speaking to filmmakers and musicians about VLA's legal services and legal issues in film and music.
 
VLA will also hold 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.
 
Due to the success of January's
CLE Legal Issues in Film, the class will now be held every other month, with the next class scheduled for March 25. Also, on March 9th VLA & Friends of the FCI Presents: Starting Your Culinary Business will take place, the second in a series held throughout 2010.
 
For more details on these workshops and others offered by VLA, please view this newsletter or click
here.
 

Elena M. Paul, Esq.
Executive Director

Sergio Mu�oz Sarmiento, Esq.
Associate Director
In This Issue
Film, Music, Interactive Legal & Business Bootcamp™
Starting A For-Profit Business
Nonprofit Start-Up
Legal Issues in Film
Starting Your Culinary Business
New Volunteer Attorney Orientation
Jim Hodges Print
One-Time Donation to VLA
Financial Aid
Legal Services
Library & Bookstore
Calendar
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, 4-6pm
April 8, 2010, 4-6pm
May 13, 2010, 4-6pm
June 10, 2010, 4-6pm
July 15, 2010, 4-6pm
August 12, 2010, 4-6pm
September 16, 2010, 4-6pm
October 7, 2010, 4-6pm
November 10, 2010, 4-6pm
December 9, 2010, 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 [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:
Monday, March 15, 2010, 1-4pm*
Tuesday, April 6, 2010, 1-4pm
Monday, May 10, 2010, 1-4pm*
Tuesday, June 7, 2010, 1-4pm
Tuesday, July 13, 2010, 1-4pm*
Tuesday, August 10, 2010, 1-4pm
Tuesday, September 14, 2010, 1-4pm*
Tuesday, October 5, 2010, 1-4pm
Tuesday, November 9, 2010, 1-4pm*
Tuesday, December 7, 2010, 1-4pm
 
*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 Lawyers for the Arts & Friends of the FCI Presents: Starting Your Culinary Business
 
This workshop provides valuable information about starting a culinary business, including restaurants, bakeries, bars, and catering companies. This class will cover important issues that every start up business person needs to know including: the selection of a business entity, incorporation; financing, branding, licensing (including liquor licenses, cabaret permits, out door seating permits), taxes and regulatory compliance. Proceeds will benefit the Friends of the French Culinary Institute (FCI).

The Friends of the FCI is a nonprofit, 501(c)(3) tax-exempt charitable corporation that raises money for scholarships and financial aid to FCI career students based on financial need and ability to complete the program they desire. The organization was founded based on the belief that money should not stand between talented, motivated, deserving students and a first-rate culinary education.

When:
March 9, 2010, 4:30 - 7pm
June 8, 2010, 4:30 - 7pm
September 7, 2010, 4:30 - 7pm
December 7, 2010, 4:30 - 7pm

Where:
VLA, 1 East 53rd Street, NY, NY 10022 (Auditorium)

Registration Fees: (there is a late registration fee of $10 if you register day of the class)
Current FCI Student: $25
FCI Alumni: $50
Other Culinary Professionals: $100
Other: $100

To register, please complete this registration form.

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 � 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).
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.
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 
 
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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Did you know that....
 
  • VLA's website receives over 7,300 visits per month?
  • 60% of these website visits are from new viewers?
  • The average viewer views 3 webpages, and spends approximately 3 minutes on our website?
  • The top page viewed is Legal Services?
  • Most viewers come from the U.S., followed by Canada, the U.K., and Japan?
  • Monday is the most popular day to visit VLA's website?
VLA Pro Bono Story of the Month 
 
In Their Own Words: 
 Jon Rekdal
 

 

My name is Jon Rekdal, I am a composer from Sweden living in the United States since 2002, and I have been composing music since the mid-80s, for CDs, film and TV.

In May 2007 I was told by a friend that she had enjoyed listening to some of my work she had found on a website called Sounddogs. I was surprised because she was mentioning work no one could have heard off the internet. Sure enough, 260 of my compositions were for sale on the website. I wrote Sounddogs a letter to inform them that they had no right to do so and that I wanted substantial proof and records of sales. I realized the materials on the website were demos submitted to an agent for composers in Hollywood called MOD back in 2003, so I wrote MOD a letter also. Sounddogs immediately pulled the work off their website and I started the long quest to get a hold of them since they never provided me with the sales information I requested.

First I called STIM, my composing society in Sweden, (the Swedish equivalent to ASCAP). STIM were listed as copyright owners on the Sounddogs website and told me to go somewhere else; they didn't even have anyone handling legal stuff.

When back in the United States I called ASCAP because they handle my rights in North America. They told me to go back to STIM, but also suggested I contact Volunteer Lawyers for the Arts. Since I knew STIM was not an option I cannot tell you how excited I was three weeks later when Volunteer Lawyers for the Arts called to say they had managed to place my case with Lovells.


I met with partner David Leichtman, Esq. and his team in November 2007. It was then confirmed that since I had not registered my work with the United States Copyright Office, I had no right to claim anything more than what Sounddogs claimed they had earned selling my work. I was shocked because STIM's policy projects you do not need to do that in order to be protected all over the world.

In fall 2008 STIM became aware that a big law firm in Manhattan was looking at my case. In April 2009 I wrote an article on the web for Newsmill. My article was later featured in the leading political forum in Sweden called Arena. Soon after, it was picked up by a national television station, SVT, and DN, the biggest newspaper in Sweden. My story made national news; it conjured with the big Pirate Bay trial so the timing I guess was right.

As a result of my case, STIM is changing their procedure when recruiting new artist members and artist abroad are getting educated. I want to thank Volunteer Lawyers for the Arts for placing my case with Lovells. Because of this case I now know a little bit more about

U.S. Intellectual Property Law and I dare to say many of the others VLA so graciously helps do as well.

I also want to extend my thanks to Lovells for taking my case. Especially David Leichtman, Esq. and his team of sharp minds, like Eric Feldman, Esq., who, with power and smartness, finally managed to squeeze what they could out of this very severe case of copyright infringement. I think Mr. Leichtman should have an award for that along with Lovells, and the whole team.

Best regards with eternal gratitude,


Jon Rekdal

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 S�rgio Mu�oz 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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