VLANY
        May  2012




VLA Quote of the Day

"Art is what we do. Culture is what is done to us."
-Carl Andre


via Luis Nieto Dickens, VLA's Marketing and Design Director

 

Nonprofit

Greetings!


Since summer is fast-approaching, we would like to ask you to save a big date: Please keep Thursday, June 14th, 2012 from 6:00 PM to 8:00 PM on your calendar clear for the VLA Summer Benefit 2012! We are also pleased to announce that you can now purchase your tickets online here.

We are, as always, grateful to our supporters and friends. We would like to give our special thanks to:  

 

- The CUE Art Foundation for hosting VLA Executive Director Elena M. Paul, Esq. for her talk on Legal & Business Issues for Artists.  

 

- New York Law School for hosting VLA Associate Director Sergio Muņoz Sarmiento, Esq. at its panel on the Right to Remix: Appropriation Art in the Digital Age. You can check out the highlights as recounted by Artinfo.com.  

 

- The VLA Spring 2012 Columbia Law School Interns for their presentations to numerous grateful members of the VLA community.

- All of the participants who helped make VLA's Law School for Visual Artists course a success! See what the attendees had to say!

 

VLA would like to highlight two great CLE classes we are offering to kick off May:  

 

- Risky Business: Financing and Distributing Independent Films, featuring film and TV law guru Mark Litwak, Esq., at DLA Piper on May 4 from 10AM to 5PM.

 

- Copyright Termination Considerations for Musicians and Other Artists at Stroock & Stroock & Lavan on May 10 from 4:30PM to 6PM. 

 

We would also like to take this opportunity to announce the latest addition to our educational programing:  Start and Succeed in Your Culinary Business, a two-part class that will take place on June 5 and 6, 2012.



Best,



 

 

VLA SUMMER BENEFIT 2012 

VLA Summer Benefit 2012

When: Thursday June 14, 2012, 6 - 8pm
Where: TRESPA Design Centre

Join us for VLA's Summer Benefit on Thursday, June 14, 2012, 6 - 8pm, at TRESPA Design Centre, in the heart of SoHo. This exclusive VLA event celebrates the arts, honors our extraordinary volunteer attorneys and will feature fun games, door prizes, great appetizers and refreshing drinks.

Don't miss this opportunity to meet the art & law community of New York, and have fun with us in this design-inspired event.
 
Presenting VLA's 2012 S. Jeanne Hall Pro Bono Service Awards to: 

Morrison & Foerster LLP
Robins, Kaplan, Miller & Ciresi LLP
Shearman & Sterling LLP

TRESPA Design Centre 
62 Greene Street
New York, NY 10012

Tickets:
$150 VLA Members (includes $100 charitable contribution)
$175 Non-Members (includes $125 charitable contribution)
$50 YAM's Current Members (Young Associate Members)


VLA SUMMER BENEFIT TICKETS  



For more information, please contact Joni Todd at jtodd@vlany.org or at 212.319.2910 To mail in your check or purchase by fax, download and fill out this form.

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VLA SUMMER BENEFIT QUIZ

 

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VLA's new featured article of the week!


TO PROFIT OR NOT TO PROFIT?  
  
To Profit, or Not to Profit? We Have the Answer to That question.

Is it nobler? (I.E.: Why it's a good idea): Forming a corporation (even a non-profit entity) generally provides limited liability for those involved in its activities (including board members, employees, and volunteers) and it's a key step towards obtaining federal corporate tax-exempt status, which means it does not pay income taxes, generally speaking, and which is critical for gaining access to donations and applying for grants.

But do you want to suffer the slings and arrows? (I.E.: Why it's a bad idea): You want to own any potential profits, or the business generates revenues without needing donations; you want to be in control of the business and its assets (including intellectual property); or you don't want to wait for the long process of creating a not-for-profit, tax-exempt corporation (it could take as long as a year or more to set up such an entity).

Can someone help you take arms against a sea of troubles? (I.E.: Obtaining a fiscal sponsor): An alternative to incorporating and seeking 501(c)(3) tax-exempt status is obtaining a fiscal sponsor. A fiscal sponsor is an organization that is already tax-exempt and that will help manage your funds and assets, as well as raise funds in exchange for a percentage of the donations (typically 5-10%) you receive.

The Not for Profit Steps Sonnet (With Artistic License):
1)    Pick Corporate Name
2)    Check if the name is available
3)    Reserve so no one picks the same
4)    Drafting Certificate of Incorporation  is key
5)    Obtain Consents from necessary agencies of State (such as the Dep't of Education)
6)    Certificate of Incorporation should be filed
7)    Drafting By-Laws is next on your plate
8)    Organizational Meeting of the Initial Directors you compiled
9)    Apply for Federal Employer Identification Number, an "EIN,"
10)    Apply for Recognition of Tax Exemption under Section 501(c)(3)
11)    Respond to Questions from IRS men.
12)    Apply for Exemption from State Corporate Tax to avoid that fee
13)    Apply for Exemption from State and Local Sales Tax
14)    Register with state agencies so they know all these facts

Thanks to Josh Blechner for this food for thought. 

Looking for more information about forming your for-profit business? Visit AskTheLawyer.info or take our workshop on Thursday, April 12, 2012! Register now!


 

 VLA ESSENTIALS


This month, VLA's Director of Marketing and Design, Luis Nieto Dickens, shares his current essentials, from color and films to art picks and books. Check out his favorites!


Hue: A good palette is better than just one color.
Hour of the day: 2 Ante Meridiem, with coffee! 
Perfume/cologne: Straight to Heaven from MiN New York (SoHo). 
Film: Thomas Crown Affair (1999) and Dreams by Akira Kurosawa.
Food: Choripan from Nights and Weekends in Williamsburg!
Corner of NYC: Bedford and N 5th St. Verb Cafe.
Flower/plant/animal: Lions and cacti.
Actress/actor: Dennis Hopper and Dustin Hoffman + Diane Kruger.
Musician/Band: As of today, John Maus, Blood Orange + Twin Shadow
Book: As of today, The Savage Detectives by Roberto Bolaņo
Artwork: Gold in the Morning, Alfredo Jaar.
Landscapes/places: Marfa, TX.

 

CLE with VLA

Get your CLE with VLA:  
Three great classes in May!

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Risky Business: Financing and Distributing Independent Films | with Mark Litwak, Esq.  

When: Friday, May 4, 2012, 10am - 5pm
Where: DLA Piper, 1251 Avenue of the Americas (at 50th Street), New York NY 10022 * Map it

*Seven (7) New York CLE credits awarded for attorneys: 4 Areas of Professional Practice credits, 2 Skills credits, and 1 Ethics credit. This program qualifies as "transitional" for newly admitted attorneys.

This comprehensive seminar -for new attorneys, attorneys transitioning to entertainment law, and filmmakers- explores how independent films are financed and distributed. Topics include financing via pre-sales, debt and equity investors, negotiating tactics, typical contract terms, cross-collateralization, creative accounting, and ethical concerns. Particular attention will be paid to how producers and filmmakers can protect themselves by: investigating distributors; watering down warranties; adding contract provisions covering performance, termination, and alternative dispute resolution; getting errors and omissions (E&O) insurance; and using lab access letters and schedules of minimums. Other topics will include: criteria for selecting a distributor; new media distribution; which contract terms are negotiable; compliance with state and federal laws regarding investors; retaining an attorney, producer reps and publicists; and confirming awards and enforcing judgments. Extensive handouts will be distributed via email in advance of the program, including a distribution contract, articles, and a self-defense checklist. Finally, the lunch hour will provide a great opportunity for networking.

More info here or download registration form

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Copyright Termination Considerations for Musicians and Other Artists 

When: Thursday, May 10, 2012, 4:30 - 6:30pm
Where: Stroock & Stroock & Lavan LLP 180 Maiden Lane, New York | Map it!

*CLE: 2.0 CLE Credits awarded (1 Areas of Professional Practice Credit and 1 Skills Credit). This program is "transitional" and thus newly admitted attorneys are qualified to receive CLE as well.

This program will cover a brief introduction to the fundamentals of copyright law, an explanation of copyright termination, and a discussion of the most important copyright termination considerations. The program will focus on copyright termination implications and procedures for musicians in particular but the content will be relevant for artists of all genres. Attorneys and law students are also welcome. Course materials will be distributed in e-book format.

Panelists:
Robert W. Clarida, Esq., Partner, Reitler Kailas & Rosenblatt LLC
Bob Donnelly, Esq., Associate and Music Law Specialist, Lommen, Abdo, Cole, King & Stageberg, P.A.
John P. Luneau, Esq., Senior Counsel, Business & Legal Affairs, Razor & Tie Direct, LLC
Moderator:
Benjamin J. Brandow, Esq., Director of Legal Services, Volunteer Lawyers for the Arts

More info here or download registration form

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Nonprofit Incorporation and Tax Exemption Workshop  

When: Wednesday, May 16, 2012, 2 - 5pm*
Where: VLA Auditorium, 1 East 53rd Street, NY, NY 10022

*3.0 CLE credits, 2 Professional Practice and 1 Skills (Approved for Non-Transitional and Transitional Attorneys)

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. This workshop will also touch on the legal and ethical duties for board members; donor requirements; the new Form 990; intellectual property issues specific to nonprofit tax-exempt organizations; insurance; and employment issues. The Fiscal Sponsorship model will be addressed as an alternative to forming a non-profit organization.

More info here or download registration form 

 

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About VLAVLA LOGO



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 2013 to be even more demanding.

Would you like to support more VLA legal services and educational programming?

In 2012, 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
  • 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. 




VLA LIBRARY
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.





About VLA

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.




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.







VLANY


Volunteer Lawyers for the Arts

1 East 53 Street, Sixth Floor | New York, NY 10022

P: 212.319.2787 | F: 212.752.6575

http://vlany.org 

http://askthelawyer.info 

 

 


VLA
 
VLA SUMMER BENEFIT  
 VLA

June 14, 6 - 8pm
TRESPA Design Centre
62 Greene Street
New York




CLE with VLA
In This Issue
VLA Summer Benefit 2012
Nonprofit Business
VLA Staff Essentials
CLE with VLA
About VLA

WE
LOVE OUR
SPONSORS!

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CUE ART FOUNDATION


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