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Volunteer Lawyers for the Arts
April 2010
 
 
 
Greetings!
 

On March 8, VLA launched its Art & Law Residency Program, made possible in part by a generous grant from the Dedalus Foundation, and in-kind contributions from Maccarone Gallery and Morrison & Foerster LLP. Designed for professional visual artists and arts writers, the core of the program consists of bi-monthly seminars directed at the theoretical and critical examination of current art and law issues. For a list of this years 12 residents and their bios, please view this link.
 
On March 10, as part of the Lower Manhattan Cultural Council's Access Restricted program, VLA's Sergio Muñoz Sarmiento led attendees in an exciting classroom discussion of the ethics in Ethan & Joel Coen's film adaptation of Cormac McCarthy's No Country For Old Men within the Benjamin N. Cardozo School of Law Moot Court Room. A slide show of the discussion can be viewed here. Sergio Muñoz Sarmiento will moderate a panel on art and intellectual property, Art in the Age of Digital Reproduction, on April 14. Access Restricted: Law and Representation 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 headed to Texas! Elena M. Paul attended South by Southwest, in Austin, Texas. On March 14 she spoke to filmmakers and musicians about legal issues in the film and music industries as part of South by Southwest's Mentor: Legal/Clearance.
 
On April 30, VLA will hold Self Defense for Writers and Filmmakers with Mark Litwak, EsqThis day-long workshop will be held at White & Case LLP. For more details on this workshop and others offered by VLA, please scroll to the bottom of this newsletter or click here.

Last but not least, we would like to welcome the Northern Manhattan Arts Alliance, the Los Angeles Nomadic Division (LAND), and Art in Odd Places (AiOP) as new VLA members. We look forward to working with them and all of our new individual members.
 

Elena M. Paul, Esq.
Executive Director

Sergio Muñoz Sarmiento, Esq.
Associate Director
In This Issue
Self Defense for Writers and Filmmakers
Starting A For-Profit Business
Nonprofit Start-Up
Legal Issues in Film
Starting Your Culinary Business
New Volunteer Attorney Orientation
Become a VLA Member
Jim Hodges Print
One-Time Donation to VLA
Financial Aid
Legal Services
Education
Library & Bookstore
Calendar
Self Defense for Writers and Filmmakers with Mark Litwak, Esq.
 
Date/Time:  Friday, April 30, 2010: 10am - 5pm
 
Location:White & Case LLP
1155 Avenue of the Americas
New York, NY 10036 
 
Writers and filmmakers need to understand their legal rights and how to defend themselves from those who may seek to exploit them.  Production companies and distributors often know all the tricks of the trade, while writers and filmmakers know little about how to protect themselves.
 
This seminar explains how writers and filmmakers can prevent problems from arising by properly securing underlying rights, and by encouraging the other party to live up to agreements by adding performance incentives, default penalties and arbitration clauses.  In the event of a dispute, participants learn what remedies are available to enforce their rights.
 
Related topics include creative approvals, typical compensation and terms of studio contracts, merchandising deals, and negotiating tactics and strategies.  The seminar includes more than 100 pages of useful contracts, checklists, forms and materials.
 
Speaker: Mark Litwak is a veteran entertainment attorney with offices in Beverly Hills, California.  His practice includes work in the areas of copyright, trademark, contract, multimedia law, intellectual property, and book publishing. Litwak also functions as a Producer's Rep, assisting filmmakers in the financing, marketing and distribution of their films. Litwak is the author of six books including:  Reel Power, The Struggle for Influence and Success in the New Hollywood (William Morrow, 1986), Dealmaking in the Film & Television Industry (Silman-James Press, 1994) (winner of the 1996 Krazna-Kranz award for best book in the world on the film business), and Contracts for the Film & Television Industry (Silman-James Press, 2nd Ed. 1999). He has also contributed articles for The Los Angeles Times, The Business of Film, The Hollywood Reporter, Moviemaker and The Independent.  For more information about Mark Litwak, please see www.marklitwak.com.
 
For more information on this class, please click 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: 
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 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, 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 jtodd@vlany.org 
Legal Issues in Film 
 
*2.5 CLE Credits Available, 1 Professional Practice , 1 Skills and .5 Ethics (transitional)
 
This workshop is held on Thursday, May 20, 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:
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 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).
Jim Hodges, What Becomes the Sky Roberto, 2009

Hodges

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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VLA Pro Bono Story of the Month 
 
In Their Own Words: 
 Jack Pettibone Riccobono
 

My name is Jack Pettibone Riccobono and I'm a filmmaker from New York City. I joined Volunteer Lawyers for the Arts in early 2008 when I was in post-production on a narrative short called KILLER.

At the time, I didn't have much legal knowledge but I knew I needed to protect the project; I was parting ways with my former producing partner and needed to figure out ownership of the production company and the film. So a friend suggested I check out VLA.

After describing my situation to Elena M. Paul, Esq., she quickly identified what legal steps I should probably take: first, I needed an assignment of ownership agreement for my production company; second, I needed to establish a clean line of ownership for the short film, starting with an agreement between me and my co-writer covering the script.

I was placed on the case list and Chris Lalan, an associate at Sidley Austin LLP at the time, signed on to guide me through the negotiation, drafting, and execution of both agreements. Chris was extremely helpful and professional, always taking the time to explain my options and the potential risks involved.

In the past two years I've continued to take advantage of the wide range of VLA services, from in-house consultations and contract review to legal training seminars and clinics at top NYC firms.

The experience has amounted to a legal crash course in contracts, negotiation, liability, and copyright. VLA has made me much more legally aware and legally literate. The knowledge I've gained has made me much more effective in looking out for my own interests as an artist, and it's also made me a better client!

-Sent from the field.

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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