Greetings!
VLA would like to welcome our
five new summer associates. Kimberly G. Lippman from University of Pennsylvania
Law School, Julia R. Marter from Fordham University School of Law, Danielle
Orly Schiffman from Georgetown University Law Center, Andrew Segna from Harvard
Law School, and Julia Starck from McGill University, Faculty of Law, Integrated
B.C.L/LL.B. Program. We are happy to
have them!
As the adage states,
April showers bring May flowers and that is exactly what happened this month at
VLA. To highlight a few key events: we
announced VLA's Summer Benefit, launched our first class on Starting Your
Fashion Business, and held a fascinating panel on Ethics in Documentary and
Reality-Based Programming, in which Jon Alpert shared rare documentary footage, amongst
other things.
VLA's Summer Benefit promises
to be a wonderful evening. The benefit
will be held at Sikkema Jenkins & Co. in Chelsea, and will feature
outstanding contemporary art. The
refreshments will be provided by Yuengling: America's Oldest Brewery, and, for
your listening pleasure, Bounce Entertainment will return to DJ!
Elena M. Paul, VLA's
Executive Director, taught the first Starting Your Fashion Business class. The class dicussed key issues relating to
the fashion industry, including important details like labeling
requirements. If you missed this class,
don't miss our upcoming Social and Legal Issues in Fashion Series, taught by
Anna E. Akbari, PhD. and Elena M. Paul, Esq. The first workshop takes place in June and will cover Ethical and Sustainable Practices.
VLA's Panel on Ethics in
Documentary and Reality-Based Programming was highly informative. The panelists included Jon Alpert,
Co-Founder, Co-Director of DCTV, Video Producer and Reporter; Maro Chermayeff,
Founder and Chairman of the MFA Program in Social Documentary at The School of
Visual Arts; Elena M. Paul, Esq. Executive Director, Volunteer Lawyers for the
Arts; and Peter Rienecker, Esq., Vice President and Senior Counsel, Original
Programming at HBO, Inc. The panelists
spoke of their unique experiences with documentary and reality-based programming
and the ethical concerns that arose from these experiences.
Sergio Muņoz Sarmiento, VLA's
Associate Director, gave interesting presentations this month at Northern
Manhattan Arts Alliance (NoMAA) and the School of Visual Arts (SVA). At NoMAA, he presented on Starting an Arts
Business: For Profit vs. Non-Profit. At
the School of Visual Arts, Sarmiento returned for the
second year in a row to present on Intellectual Property and Contracts for
Visual Artists, Designers, Animators, and Illustrators.
Congratulations are in order. VLA was recently notified that Sergio Muņoz
Sarmiento, Esq. will be honored with an award by NURTUREart on October 12th at
their fall 2010 Benefit at ZieherSmith gallery.
In other news, Elena M. Paul,
Esq. participated in a panel at the Brooklyn Arts Council on Project Funding for
Artists & Organizations. In June, she will teach with Alexis Soterakis,
Esq. on Starting Your Culinary Business, and all proceeds will benefit the Friends of the French Culinary Institute
(FCI).
Last but not least, don't
forget our two best-selling classes: How to Start a Nonprofit Tax-Exempt Organization, and Forming Your For-Profit Arts Business. Both provide a solid introduction to the legal
and business issues arising from nonprofit and for-profit start-ups.
We're looking forward to June
and hope to catch up with you at the Summer Benefit.
The VLA Staff |
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2010 Summer Benefit!
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Presenting
THE S. JEANNE HALL PRO BONO AWARDS 2010
Davis Polk & Wardwell LLP
Jones Day
Sidley Austin LLP
Enjoy hors d' oeuvres and cocktails at Sikkema Jenkins & Co., one of New York's premiere contemporary art galleries.
This year's Summer Benefit will be held on:
Wednesday, June 23rd, 2010, 6:00 to 8:00 pm
Where:
Sikkema Jenkins & Co.
530 West 22nd Street
(Btwn 10th & 11th Avenues)
New York, NY 10011
To order tickets, please view our ticket form here.
If you have any questions, please contact Elena M. Paul, Esq.
at 212.319.2787 ext 17. |
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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 we will discuss important information about VLA's programs, requirements for volunteers and our administrative procedures.
All Attorneys must register for and attend a New Attorney Orientation before participating in VLA Clinics or taking on a VLA matter.
Orientations will be held on the following dates and times:
Monday, June 7, 2010 6-7pm
Monday, July 6, 2010 6-7pm
Monday, August 2, 2010 6-7pm
Monday, September 13, 2010 6-7pm
Monday, October 4, 2010 6-7pm
Monday, November 1, 2010 6-7pm
Monday, December 6, 2010 6-7pm
Where:
VLA Auditorium, 1 East 53rd Street, NY, NY 10022
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. Attorney orientations are
conducted by Ben Brandow,
Assistant Director of Legal Services. For additional information
please contact Ben at 212·319·ARTS (2787), ext. 14 or at
bbrandow@vlany.org.
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Class: Nonprofit Incorporation and Tax-Exemption Workshop
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This workshop provides valuable information about starting a nonprofit organization. New York 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.
Classes will be held on the following dates and times:
Monday, June 7, 2010, 1-4pm
Tuesday, July 13, 2010, 1-4pm*
Tuesday, August 10, 2010, 1-4 pm
Tuesday, September 14, 2010, 1-4pm*
Tuesday, October 5, 2010, 1-4 pm
Tuesday, November 9, 2010 1-4pm*
Tuesday, December 7, 2010 1-4pm
*3.0 Transitional CLE credits (Available to all Attorneys), 2 Professional Practice and 1 Skills.
Where:
VLA Auditorium, 1 East 53rd Street, NY, NY 10022
Registration Fees: (there is a late registration fee of $10 if you register the day of the class)
Arts Professional VLA Member: $75
Arts Professional Non-VLA Member: $100
VLA Legal Professional Member: $150
Legal Professional Non-Member: $200
(Additional individuals from the same start-up organization may register for an additional $25 ea.)
To register, please complete and return this registration form. All registration fees are non-refundable. For more information, please call Joni Todd at 212.319.2787 x10 or email her at jtodd@vlany.org.
This program is funded in part by The Edmond de Rothschild Foundation Nonprofit Assistance Program.
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Class: 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 and 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:
Thursday, June 10, 2010, 4-6pm
Thursday, July 15, 2010, 4-6pm
Thursday, August 12, 2010, 4-6pm
Thursday, September 16, 2010, 4-6pm
Thursday, October 7, 2010, 4-6pm
Thursday, November 10, 2010, 4-6pm
Thursday, December 9, 2010, 4-6pm
Where:
VLA Auditorium, 1 East 53rd Street, NY, NY 10022
Registration Fees: (there is a late registration fee of $10 if you register the day of the class)
Arts Professional VLA Member: $75
Arts Professional Non-VLA member: $100
VLA Legal Professional Member: $150
Legal Professional Non-Member: $175
This class will be taught by Elena M. Paul, Esq., VLA's Executive Director.
To register, please complete and return this registration form. All registration fees are non-refundable. For more information, please call Joni Todd at 212.319.2787 x10, or e-mail her at jtodd@vlany.org.
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Class: Starting Your Fashion Business
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This workshop provides valuable information about starting a
business in fashion, apparel, and design (including jewelry). This class
will cover important issues that every fashion and design entrepreneur
needs to know, including: selecting and forming a business entity; using
a business plan; financing; common issues in product development,
production, marketing, and sales; regulatory issues and business
licenses; branding, licensing, and intellectual property (copyrights,
trademarks, and design patents); and contracts.
Class will be held on the following dates and times:
Tuesday, September 14, 2010, 4:00-6:30 pm
Where:
VLA Auditorium, 1 East 53rd Street, NY, NY 10022
Registration Fees: (there is a late registration fee of $10 if you register the day of the class)
Full Time Student (Valid I.D.): $25
Arts Professional VLA Member: $75
Arts Professional Non-VLA member: $100
VLA Legal Professional Member: $125
Legal Professional Non-Member: $175
This class will be taught by Elena M. Paul, Esq., VLA's Executive Director.
To register, please complete this registration form. All registration fees are non-refundable. For more information, please call Joni Todd at 212.319.2787 x10, or e-mail her at jtodd@vlany.org.
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Class: Legal Issues in Film |
This
class will provide an overview of the legal issues and common business
arrangements used in film and television projects. In addition, the class will discuss option
agreements for the acquisition of literary properties and distribution
agreements, and a comprehensive release for reality based television
program. We will also take a look at legal issues
surrounding recent films such as Borat. Reading materials for the class will be emailed one week prior to the class.
Classes will be held on the following dates and times:
Tuesday, August 3, 2010 4:00-6:30pm
Thursday, May 19, 2011 4:00-6:30pm
*2.5 CLE Credits Available, 1 Professional Practice , 1 Skills and .5 Ethics (Approved for Non-Transitional and Transitional Attorneys)
Where:
VLA Auditorium, 1 East 53rd Street, NY, NY 10022
Registration Fees: (there is a late registration fee of $10 if you register the day of the class)
Full Time Student $20 (must bring valid student ID to class)
Arts Professional VLA Member: $25
Arts Professional Non-VLA member: $35
VLA Legal Professional Member: $130
Legal Professional Non-Member: $150
This class will be taught by Sergio Muņoz Sarmiento, Esq., VLA's Associate Director.
To register, please complete this registration form.
All registration fees are non-refundable. For more information, please call Joni Todd at 212.319.2787 x10, or e-mail her at jtodd@vlany.org.
(A limited number of 50% partial hardship scholarships for arts professionals are available. Please email Kathleen Mallaney.)
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Social & Legal Issues in Fashion Series: Ethical and Sustainable Practices
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This first workshop in a four part series covers sociological and
legal issues in ethical and sustainable practices in the fashion
industry. Anna Akbari, Ph.D., will examine the sociology of fashion,
discussing topics that affect both designers and consumers, including
designer knockoffs, human labor issues, sustainable manufacturing,
repurposed textiles and materials, the creation of a consumer
consciousness, and a movement toward "local fashion." Elena M. Paul,
Esq., will look at the topic from a legal perspective touching on
trademark infringement and counterfeiting, conduct which compromises
the existence of a trademark, arguably the most valuable commodity in
the fashion industry.
Class will be held on the following date and time:
Tuesday, June 15, 2010, 6:00 - 8:00 pm*
*2.0 CLE Credits in Ethics (Approved for Non-Transitional and Transitional Attorneys)
Where: Skadden, Arps, Slate, Meagher & Flom LLP, 4 TImes Square, New York, NY 10036
Registration Fees: (there is a late registration fee of $10 if you register day of the class)
Full Time Student (Valid I.D.): $25
Arts Professional VLA Member: $25
Arts Professional Non-VLA member: $35
VLA Legal Professional Member: $130
Legal Professional Non-Member: $150
This class will be taught by VLA's Executive Director, Elena M. Paul,
Esq. and Anna Akbari, Ph.D.
To register, please complete this registration form. All registration fees are non-refundable. For more information, please call Joni Todd at 212.319.2787 x10, or e-mail her at jtodd@vlany.org.
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Class: 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.
Classes will be held on the following dates and times:
Tuesday, June 8, 2010, 4:30-7pm
Tuesday, September 7, 2010, 4:30-7pm
Tuesday, 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 the day of the class)
Current FCI Student: $25
FCI Alumni: $50
Other Culinary Professionals: $100
Other: $100 This class with be taught by Elena M. Paul, Esq., VLA's Executive Director and Alexis Soterakis, Esq., Senior Associate at the law firm Coran Ober P.C.
To register, please complete this registration form. All registration fees are non-refundable. For more information, please call Joni Todd at 212.319.2787 x10, or e-mail her at jtodd@vlany.org.
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VLA Member Services |
Law Firm and Corporate Members:
VLA has developed two new opportunities for attorneys and other legal professionals, thatare now available ā 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. |
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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
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Jim Hodges, What Becomes the Sky Roberto, 2009 |
What Becomes the Sky Roberto, 2009  | 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 that 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.
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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)
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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's Recent Advocacy:
In the fall of 2009, the U.S. Citizenship and Immigration
Service (USCIS) suddenly changed its long-standing policies regarding the granting
of visas to foreign artists coming to the United States for multiple
performances or a tour. The change resulted in requiring petitioners to file
multiple petitions for visas, each with separate application fees, where
artists with multiple engagements had a gap over a certain number of days
between performances. As it is quite common that the application process is
managed by and paid for by nonprofit arts and cultural organizations which are
sponsoring performances or engagements, the change imposed a new administrative
burden and additional expenses on these organizations, many of which were already
facing budgetary concerns exacerbated by the current economic environment. In
response to the art community's opposition to this change and its harmful
consequences, the USCIS released a memo in May 2010 about the process and called
for comments on the change that occurred in 2009. VLA felt strongly that this
change was an unnecessary and undue burden on the art community and would lead
to fewer performances and important engagements. As a result, VLA filed a
comment that identified these burdens and supported the return to the prior
system. VLA supported the position put forward in USCIS's policy memo, which
prevents restricting the permissible gap between performances to a specific number
of days. VLA also supported the memo's reinforcement of the USCIS staff's
flexibility in determining the length of the validity period and whether the
engagements can be considered one event. VLA also asked that the USCIS consider
looking at ways to improve the artist visa process by shortening processing
times and improving the predictability of the process. These changes are
crucial in order to ensure that the American public has the ability now and in
the future to experience the talent and culture of foreign artists.
Written by
Andrew Segna Harvard Law School, Rising 2L Summer Associate at VLA
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Upcoming CLE Class in June
The following VLA classes are CLE approved
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VLA Success Story of the Month
Artist: Ms. Annie Kwon, Serge
Studio, LLC
Volunteer
Attorneys:
Mr. Jason S. Zack &
Mr. Kim J. Landsman of Patterson Belknap Webb
& Tyler LLP
Annie Kwon worked at a prestigious architectural
firm until an acquaintance, real estate
developer Brian Chappon, lured her away
with the promise of a salary and financial assistance as she established her own
firm, Serge Studio. Chappon represented that he had already acquired the
property at 23 Wall Street (the historic J.P. Morgan building) which would
provide plenty of work for Serge and already had secured substantial financial
backing that would readily fund the project.
Chappon executed a written employment agreement between
Kwon and Chappon's development company, Provincia Capital. He also executed a
written architectural services agreement between Serge Studio and 23 Wall
Holdings Corp. (a company incorporated to handle the development of that
property). In reliance on Chappon's representations, Kwon incorporated Serge,
recruited two colleagues to work on the 23 Wall project, and began preparing an
elaborate concept and marketing package for the property. Kwon also lined up
contractors and other building professionals who would work on the project as it
moved forward. It
soon became apparent that Chappon had misrepresented both his rights to
23 Wall Street and his financial resources, and
Kwon stopped receiving payments due
under the employment agreement. Chappon also
failed to fulfill his promise to pay costs associated with securing a visa for
one of Serge's employees. Despite Chappon's repeated promises
that new financial support had been secured and payment would be
forthcoming, Serge was never paid for the
thousands of hours of work performed under the services agreement. As a result of
Chappon's actions, Kwon suffered harm to both her finances and her professional
reputation.
Ms. Kwon came to VLA to seek
legal assistance in resolving these breaches of contract. VLA secured volunteer attorneys Jason Zack and
Kim Landsman of Patterson Belknap to assist Ms. Kwon with this matter. Attempts
at negotiation were unsuccessful. Chappon
repeatedly stalled for time,
misrepresenting his availability and legal
representation. Patterson Belknap then brought an action in New York Supreme
Court against Chappon and his companies on
behalf of Ms. Kwon and Serge Studio, claiming breach of contract, fraudulent
misrepresentation and piercing the corporate veil. The defendants defaulted and Patterson Belknap had to prove
damages at a hearing before a Special Referee. Again, the defendant did not
appear, though by this point Patterson Belknap had met with him (he neither
denied the claims nor showed any contrition or proof of his inability to pay). The Special Referee evaluated the live testimony and significant work product,
and recommended contract damages of more than $500,000, with joint and several
liability (making Chappon personally accountable
for the contracts with Provincia and 23 Wall). Judge Fried confirmed the
Special Referee's report and entered judgment in Ms. Kwon's
favor.
VLA and Ms. Kwon would like to
thank Jason, Kim, and Patterson Belknap for all of their hard work and
impressive victory in this matter!
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| Financial Hardship Policy |
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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 | |
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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 Sergio Muņoz 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 grant writing. 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 Art Law Line at 212.319.2787, x1. |
| VLA Calendar | |
Keep up with our events, classes, workshops, and legal clinics through our calendar. |
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