Case List
VLA | 1 East 53rd Street, 6th Floor | New York, NY 10022
(212)
319-ARTS | www.vlany.org
Updated as of Thursday, August 07, 2008, 3:42 PM
To request a case, please contact:
Kate Nelson, Pro Bono Coordinator, at (212) 319-
2787 ext. 14 or knelson@vlany.org
Please remember that cases are sometimes unavailable as already on review by another attorney. The
caselist marks these cases as "On Review."
Occasionally, these cases may return to the list if not placed with the reviewing attorney who has 2
weeks to accept or return the case.
As many VLA cases are placed very quickly, we encourage you to include at least two cases (refer to
cases by their four-digit case number) in your case requests. This way, we can get a sense of the type
of case you're looking for and can keep this in mind as new cases come into VLA and as cases on
review may return to the list for placement.
Who We Serve
VLA serves low income and indigent artists and nonprofit arts and cultural organizations in every
imaginable discipline. For example, theater, dance, fashion, the visual arts, performance, music,
journalism, crafts, textiles, architecture, film, design, literature, and poetry are only a few of the artistic
disciplines we service. Whether artists are looking to start a nonprofit dance company, copyright their
manuscript or produce an independent film, VLA is available to assist them. Before cases are placed on
this list, VLA meets with the applicant for pro bono services to confirm that they meet VLA’s financial and
substantive guidelines. A copy of our financial and substantive qualification guidelines is available upon
your request.
Table of Contents
Contract
Copyright
Corporate
Dispute/Litigation
Dispute/Litigation/Negotiation
Employment
Immigration
Nonprofit Start-up
Real Estate
Trademark/Patent
Wills, Trusts or Estates
Contract - Back to Top
Film/TV
9617 - On Review Last year while in film
school at College, Client co-produced Short Film with Screenwriter. The script for Short Film was written
by Screenwriter based on an original story and characters created by Screenwriter, who Client believes is
the sole owner of the copyright in the original script. Client plans to co-produce a feature film based on
Short Film with Producer. Client plans to have Screenwriter direct the feature film. At this point, Client seeks
to take an option on the project so that Client will have rights to it in advance of the parties (and possibly
one other party, Producer) developing additional formal documentation and their respective rights and
obligations to take the project forward. Those additional future aspects will include a writing agreement for
Screenwriter, the possible transfer of the project into an LLC (to be co-owned by Screenwriter, Producer,
and Client) and the creation of the LLC and its operating agreement.
9524 - On Review Client has co-written a
film script with another party and is requesting help in drafting an agreement with a production company to
produce the script. The production company, a limited liability company, belongs to the Client's writing
partner. The agreement should state each party's ownership rights in the film and script, as well as each
party's duties and obligations.
9522 - On Review Client, through her S
corporation, produces marketing videos for artists and arts non-profits. Recently, she has worked with a
director and has found the relationship fruitful. The two were considering forming a joint venture, but now
Client wishes only to employ her as a director. The two have created projects together, and also borrowed
ideas from each other and derived works from earlier projects (both together and working independently.)
However, no contract between the parties exists governing this work (or any future work.)
The relationship between the parties is good, but as the director's spouse is an attorney specializing in
copyright issues, the client feels that drafting a contract spelling out the relationship is prudent, and seeks
representation to help her do so.
9505 - On Review Client is the Director of
Photography for a pilot series. Recently the producers for the pilot wanted to amicably split with the Client.
The Client does not want to split from the production because she signed a contract with them in which
she has the right of first refusal for the Director of Photography position if the series is picked-up. The
Client seeks the advice of attorney to renegotiate her contract and/or see what her options are going
forward.
9434 - On Review A film student has
formed a NJ Production company, LLC. They are in the beginning stages of a reality television project and
would like to draft a Private Placement Memorandum for potential investors and establish a separate LLC for
the production itself. It may also be necessary to draft a production services agreement between the two
LLCs in the future.
9422 - On Review Client is a film-maker
who has shot and is self-producing a documentary film about a well-known photographer. Most of the
footage has been shot in public places, although some shooting took place in the photographer's studio.
Client would ultimately like to distribute this footage to the public and/or sell or license it. Client has not
obtained any consents or releases from any of the subjects or entities who appear in the footage,
including the photographer. Client has also not obtained any permissions in relation to music, products, art
work, etc, that appears in the footage. Client is seeking advice about which consents, releases,
permissions, etc, are required to clear relevant rights, and assistance with drafting those documents.
Mixed
9525 - On Review Client is a freelance
graphic apparel designer who seeks to enter into design services agreements with two clothing
companies. She is concerned with payment provisions, confidentiality provisions, copyright ownership
and liabilities with respect to her agreements. She needs legal representation to draft a design services
agreement that is less than 5 pages.
Music
9616 - On Review Client wrote music for,
as well as performed with, Adverse Party in the early 1990's. When Client left the group, he signed a
settlement and release agreement with Adverse Party. The agreement provides that Client is to be paid
$10,000 for each new live stage performance of the Adverse Party that runs for at least four consecutive
weeks, and uses five or more of Client's works. Adverse Party recently opened two new productions in
Europe, for which Adverse Party is now refusing to compensate Client, claiming that these new
productions are continuations of former productions, and not new live stage performances. Client requires
legal assistance in negotiating with Adverse Party,and possibly with litigating for breach of contract.
9600 - On Review Client runs an
organization for a group of singers, who are special needs children. The organization has a video of a
concert given by his group, and the group has on-going performances. Client requests the help of an
attorney with entertainment experience in drafting royalty agreements with on-camera talent, including the
children, musicians, and lead singers.
Visual
9589 Client, a New York City based visual
artist, was approached by Adverse Party, who wanted to show Client's work at an exhibition in Prague.
Allegedly, Adverse Party resides in Prague but regularly does business in New York. Client and Adverse
Party executed a written agreement by which Client agreed to loan Adverse Party six artworks for a
period of approximately two months, at the end of which Adverse Party agreed to return all six works to
Client, allegedly at mutually agreed upon destination. Client claims that Adverse Party refuses to deliver the
works to mutually agreed upon destination, Client's home address. Client seeks the assistance of an
attorney to enforce the provision of the contract that entitles Client to have the works delivered to Client's
home address.
9586 Client, a production company (LLC),
specializing in photography, has a contract with a distributor. The contract has an Arbitration clause
governed by New York law and states that performance would occur in three steps. After the first step,
the product's rough cut, was successfully completed, the distributor refused to continue cooperating with
client. The distributor refused to pay client for the completion of step two, a fine cut, and distributor
refused to make themselves available to receive all pertinent materials. Client seeks an attorney to bring
this breach of contract claim to Arbitration and for representation in Arbitration.
Copyright - Back to Top
Literary
9011 - On Review Client wrote a children's
book in the early 1970's. In 1977, Client agreed to collaborate with Adverse Party to publish the book.
Their oral agreement took place in New York with Client's ex-wife as a witness. Client gave Adverse Party
the typed manuscript in order for Adverse Party to edit the stories, making them suitable for limited
publication. There was no further communication between Adverse Party and Client until 1981, when
Adverse Party disclosed the upcoming release of the book. Adverse Party ensured Client credit for the
stories, only limited publication of the stories, and $100 compensation for limited publication of the stories.
Client received a $100 check that was later cashed.
Adverse Party has published Client's stories worldwide without permission. The book was originally
published in 1981 and was most recently published in 2006. Client was unaware of the worldwide
publication and distribution of the stories until Client's daughter found Adverse Party's website
independently and subsequently told Client of the discovery. Adverse Party denies that the stories belong
to Client and refuses to respond to requests for compensation. Client would like an attorney to review the
case and determine whether there is a legal claim against Adverse Party for publication of the stories
without permission.
Theater
9516 - On Review The client wrote a play
that is a derivative work based on another play by a different playwright. The other playwright verbally
agreed to allow the client to produce the play, and even participated in the first production. The client is
now interested in receiving assistance clarifying the grant of rights from the other playwright. The client has
also received a communication from a third party who says that he is going to write and produce a play
with a similar title to the client's play because the client would not release the rights to produce his play. It
is not clear if a script to this play exists yet or whether it might infringe the client's work. He would like
assistance clarifying his rights with regard to this situation as well.
Visual
9519 - On Review Client is a photographer
who has published several books of his images. He is seeking representation to pursue a copyright
infringement claim against a bar in Florida and its advertising agency. One of the client's distinctive images
was used in whole, without attribution or compensation, in an advertisement for the bar (created by the
agency.)
Corporate - Back to Top
Film/TV
9626 Client is New York-based nonprofit
corporation that has provided educational and technical resources to emerging filmmakers for a number of
years. Mounting debt, a dwindling budget, and programming that is out of sync with the current state of
filmmaking technology have rendered Client unable to satisfy its mission. Client has the approval from its
board of directors to dissolve the organization. However, Client's debt exceeds its assets.
Client's current executive director learned about a year ago that his predecessor mismanaged funding and
has personally possessed some of Client's film equipment since 2006. Client asserts that the organization
has not had a fully functioning board of directors for a number of years and has not filed its tax documents
with New York or the IRS since 2005. Client's executive director learned that Client has an outstanding
loan debt which may be subject to securities laws.
Client seeks the assistance of an attorney dissolve the organization and possibly negotiate settlements
with creditors.
Theater
9629 - On Review*** Client has worked in
Broadway theater in various capacities since the 1960s. Client plans to establish a professional theater
company in Brooklyn, New York and has productions planned for September 2008. Client seeks the
assistance of an attorney to form a limited liability company in New York.
Visual
9595 - On Review Client is a interior
designer who fairly recently set up a company, Christopher Burns, LLC, with another person. The
business relationship between the two parties did not proceed as the client anticipated and, as a result, he
would like to disassociate himself from her. The business has assets, such as furniture, and client
expects to give his partner certain assets, and possibly some loan forgiveness, in exchange for full
ownership of the LCC (related website, etc.) A mutual release of any claims may also be appropriate.
Client seeks legal assistance in making the formal arrangements to dissolve this business relationship; he
wishes to structure the process, if possible, in a way that minimizes any adverse tax consequences.
Dispute/Litigation - Back
to Top
Music
9271 Client is a musician whose piano
music was recently featured in a popular internet video. Client has registered the piece with the US
copyright office and received certificate of registration. She recently sold a license to the piece to a
German company for a television add for $25k for 2 years. Client received an offer from Adverse Party to
use the piece in an upcoming television episode for $3k. Client rejected the offer and left the country to go
on tour. When she returned, she discovered that although she rejected the offer, Adverse Party still used
her music. Client seeks attorney assistance in receiving compensation for Adverse Party's unauthorized
use and possibly litigating the matter.
Dispute/Litigation/Negotiation -
Back to Top
Dance
9607 - On Review Client is a dancer and
choreographer. In 1996, Adverse Party approached Client about collaborating on a choreographic work.
The parties did not execute a written contract outlining the terms of the collaboration.
In programs from at least four performances, and in published reviews, both Client and Adverse Party
were credited as co-choreographers. After the initial run of performances, Adverse Party changed Client's
choreography credit without Client's consent. Client was recently contacted by Adverse Party about
giving permission to license the work to a few colleges, to be set on members of the dance department.
Adverse Party offered Client a credit and compensation Client feels is insufficient given the degree of her
involvement in the project. Client refused the offer.
Client seeks the assistance of an attorney to negotiate with Adverse Party regarding Client's credit and
compensation and to draft a contract outlining the agreed upon terms.
Film/TV
9604 Client is a director of photography for
films. In 2004 Client was hired by Adverse Party to shoot a documentary film. Client and Adverse Party
negotiated the terms of their agreement, but the parties never executed a written contract.
Client asserts he is owed monies for his services as director of photography. Client also asserts that for
about nine months of the production he assumed directorial responsibilities beyond his capacity as director
of photography. Client recently emailed Adverse Party asking to be paid for his work on the film and was
referred to Adverse Party's attorney.
Client seeks the assistance of an attorney to recover the compensation owed for his work as director of
photography as well as compensation and credit for the additional directorial work.
9320 - On Review Client is a Director of
Photography for films. In March 2006, Client executed a contract with Adverse Party, a New York-based
film production company. Under the contract, Client agreed to rent his camera equipment to Adverse Party
for a period of 90 days for the production of a film in Guyana, South America.
Client traveled to Guyana in April 2006 to work as Director of Photography for the same film which his
camera equipment was rented under the first contract. After Client traveled to Guyana and completed
principle photography for the film, Client executed a separate contract with Adverse Party in May 2006
detailing the terms of Client's services as Director of Photography. Under this contract Adverse Party was
acting as agent for a Guyana-based film production company.
After the 90 day camera rental term expired, Client allowed his equipment to remain in Guyana because he
was told by Adverse Party of an upcoming film project in Guyana for which his equipment would be
needed. The second film project never materialized. Client made several requests to Adverse Party and the
Guyana-based film production company to return his camera equipment. Client was assured that his
equipment would be returned, but the equipment was never returned. Client traveled to Guyana to retrieve
his equipment and found it damaged due to improper care and storage. Client was without his equipment
for about a year.
Client seeks the assistance of an attorney to recover the expenses of recovering his camera equipment
and shipping it back to New York. Client also seeks compensation for damage to the equipment and lost
wages.
Mixed
9602 - On Review Client, an actress who
has acted in big Hollywood productions, was chemically burned by a hair stylist at a salon. As a result of
the chemical burns, she suffered hair loss, tremendous pain, and could not continue her professional
career. Client seeks the aid of an attorney to help resolve this matter. This issue has a Maryland law
nexus.
Music
9631 - On Review*** Client is a singer.
Client began singing with a classic R&B group in 1996. The group's founder, Adverse Party 1, offered
Client a written contract when Client joined the group. Client never executed a written agreement with
Adverse Party 1.
In 2007, a record company (Adverse Party 2) released a DVD and CD of the group's live concert
performances featuring Client. Client never executed a written agreement with Adverse Party 2.
Client left the group in May 2007 because of a dispute concerning unpaid royalties from DVD and CD sales.
Client seeks the assistance of an attorney to recover royalties from sales of the DVD and CD.
Theater
9585 - On Review Client, a non-profit
corporation based in New York City, seeks the advice and assistance of an attorney to help the
corporation negotiate with creditors. Client has used numerous credit cards to subsidize its projects, and
client now finds itself unable to pay its creditors.
Client owes its creditors, the adverse parties, $50,000. Client has established payment plans with two of
the adverse parties, but will shortly run out of funds with which to make its payments. Client wishes to
stay in business in order to continue its mission, which is to provide education in the area of modern
theater.
Visual
9623 Client, a visual artist based in New
York, is a recipient of a grant through Foundation providing Client with a non-residential studio space solely
for the creation of new works of art. Client's assigned space and the spaces assigned to other grantees
are located in a single building. According to Client, Foundation leases the spaces from Real Estate
Company. Foundation also provides a storage room, located in the same building, for Client's (and other
grantees') use. Client stores some of Client's artwork in the storage room. Before occupying the studio and
storage space, Client signed a release (presented by Foundation).
In early March 2008, an I-beam fell through the ceiling of the storage room and destroyed one of Client's
works of art. Client believes that the event was due to the negligence of construction workers who were
performing construction work on the floor above the storage room. Client claims that when speaking with
the construction manager a few days after the incident, the construction manager assured Client that Client
would be compensated for the damage. Since that time Client has not received any compensation, and
Client's attempts to contact Real Estate Company (to obtain contact information for the Insurance Company)
have been unsuccessful. Client seeks the assistance of an attorney to draft a letter to compel Real Estate
Company's full cooperation in resolving the matter and if necessary, to litigate the issue.
9619 Client is a visual artist. In 2005 Client
was invited to participate in an exhibition at an art gallery (Adverse Party). Of Client's work on display, 20
pieces from a series were damaged sometime between installing and exhibiting the work. Client executed a
written consignment agreement with Adverse Party that does not includes provisions for damage to the
artwork.
After the exhibition closed, Client retrieved the undamaged pieces of the exhibited series and left the
damaged pieces in Adverse Party's possession. Adverse Party wanted Client to sign a document stating
that Client recovered her artwork in undamaged condition. Client refused to sign the document. Client's 20
pieces of damaged artwork have remained in Adverse Party's possession for three years.
Client has based the value of the damaged pieces on prices of other pieces from the series that were sold
before before the exhibition at Adverse Party's gallery.
Client seeks the assistance of an attorney to recover the value of her damaged artwork.
9539 - On Review Client, a Nonprofit
Corporation with Federal and State tax exempt status, seeks an attorney to guide them through an IRS
audit. Client is being audited by IRS and their 501(c)(3) status is being questioned, as well as their current
fiscal sponsorship structure.
9294 - On Review The client's membership
in a non-profit has been terminated. The board of the organization says the termination is a result of the
client's non-payment of dues; the client says he has not paid because facilities that are supposed to be
available to members under the organization's bylaws have not been available since June. In addition,
other members have also ceased payment, but only the client has been singled out for termination. He
wants to be reinstated.
Employment - Back to Top
Mixed
9632 - On Review*** Client is a New York-
based nonprofit corporation providing open captioning for the deaf and hard of hearing at live theater and
cultural events.
Client provides its services through the use of hired persons.
Client seeks the assistance of an attorney to examine whether the persons hired by Client are employees
or independent contractors.
Immigration - Back to Top
Dance
9489 - On Review Client, a foreign national,
is a dancer and actress whose work includes contemporary dancing in both the theater and ballet. She
currently resides in New York City, where she received her post-grad degree in Acting and Film. Her work
includes commercial, film, and play appearances.
Currently, Client has an Optional Practical Training visa. She seeks attorney representation in either
extending her visa or helping her obtain "01Visa" for extraordinary ability.
Nonprofit Start-up - Back
to Top
Film/TV
9633*** Client, a New York Not-for-Profit
Corporation, seeks the assistance of an attorney to obtain its federal and state tax-exempt status, apply
for an official name change, and change the name and address of its registered agent. The non-profit
plans to facilitate discussions about social and cultural issues through film screenings, educator
workshops, and sponsored film projects.
Mixed
9618 - On Review Client is a cultural
appreciation organization that promotes the Asian arts. Client requires legal assistance in incorporating as
a non-profit corporation in New York state. Client also needs assistance filing for federal and state tax-
exempt status.
Music
9628*** Client, a non-profit organization,
seeks to incorporate as a non-profit corporation in New York state and obtain its federal and state tax
exemption status. The non-profit plans to focus on building music audiences in each of the five boroughs
by organizing and producing affordable musical performances of the highest quality.
9620 - On Review Client, a New York
organization that will present choral masterworks, commission new choral works, and provide youth with
a rich musical, collaborative, and educational experience, seeks the assistance of an attorney to
incorporate in New York State as a nonprofit corporation and to obtain its Federal and State tax exempt
status.
Theater
9545 Client, a New York nonprofit
corporation with federal tax exempt status, seeks the assistance of an attorney to help Client in submitting
its Support Schedule for Advance Ruling Period (IRS Form 8734). Under IRS guidelines, Client has 90-days
from the ending date of the Advance Ruling Period. Client's Advance Ruling Period ends on June 30,
2008.
Real Estate - Back to Top
Visual
9549 - On Review Client is a graffiti artist in
Harlem associated with the group "graffiti artists for a positive cause." In the fall of 1999 client helped
established the "People's Wall," which includes depictions of Muhammad Ali and Malcolm X and is used as
a tool to educate inhabitants of the Harlem area. Currently, a development company has purchased the
abandoned school on which the People's Wall is located. Despite community petitions and public exposure,
the property was sold to the developer, who refuses to communicate with the community or incorporate
the People's Wall into their construction plans, which would preserve the artwork and the community's
cultural landmark.
Client seeks an attorney to help the community prevent the destruction of the People's Wall and to help
preserve its artistic and cultural importance within the Harlem community.
9356 Client, a painter, had his studio flooded
during the remodeling of a retail store located above him. About thirty of his paintings were damaged to
varying degrees. Three months later, the drop ceiling in the store collapsed, hitting a sprinkler valve above
Client's studio, and again flooding his studio. This time, over 100 works of art were damaged. Client
seeks attorney's assistance in responding to first settlement offer by insurance company and in negotiating
a settlement.
Trademark/Patent - Back
to Top
Film/TV
9521 - On Review Client, through her S
corporation, produces marketing videos for artists and arts non-profits. Her clients have, in many cases,
uploaded her productions to YouTube to promote themselves. Also, many of Client's works include
footage of the artists' works or performances, and may thus be considered derivative works. However,
she has not been signing contracts with any of her clients, and seeks counsel to sort out the ownership,
use, and attribution issues (as well as draft contracts for future use.) Client is primarily concerned with
ensuring she receives credit for any work redistributed by the artists.
9520 - On Review Client, through her S
corporation ("ClientCompany"), produces marketing videos for artists and arts non-profits. She recently
discovered a Canadian corporation, also named "ClientCompany", has registered the clientcompany.com
domain name, and displays a prominent ™ on their name. Her company has operated since 2000 (which
predates the website), but she has not registered her business name in any jurisdiction. She seeks legal
assistance in determining her rights to the name.
Also, Client has created a slogan for the business that she is interested in trademarking, and seeks an
attorney to help her do so.
Literary
9571 - On Review Client is a writer and a
blogger. Client created her web log in 2005 and began using the current domain name in September 2006.
Client filed an application for trademark registration of the web log's name in May 2008 and is awaiting
acknowledgement from the Patent and Trademark Office. Client incorporated in New York in May 2008.
Client has not registered her web log with the Copyright office.
About eight months ago, Adverse Party created a web log with a name similar to Client's web log and
recently began using a domain name similar to the domain name used by Client. Adverse Party is located in
Washington, DC. At the outset, Adverse Party created content distinct in subject and tone from Client's
content but has recently started creating content similar to Client's content.
Client seeks the assistance of an attorney to resolve a trademark dispute and possible copyright
dispute.
9431 - On Review Client is an artist who
created a comic book character, while trying to trademark his work, client was sent a Cease-and-Desist
letter from a major comic company stating that they would opposed the trademark because it would cause
confusion in the marketplace, in terms of the font, the character's outfit and the slogan. Client seeks
attorney assistance with trademark filing.
Mixed
9621 - On Review Client seeks legal
assistance obtaining a patent for his design. Client also requires legal assistance with filing for trademarks
related to the aforementioned patent.
Theater
8902 - On Review Client is a performer who
performs as various characters. Client has been performing a particular character since 2002. Client soon
found out that a television show also features a character of the same name as client's character. Client
sent television show a cease and desist letter and has yet to receive a response. The television show
continues to use the character. Client wants to know if she has a legal claim against television show
regarding her character's name.
Visual
9535 - On Review Client is a graphic
designer who has come up with an all-paper design for a CD case. Client seeks the assistance of an
attorney in applying for a patent for the design.
Client also seeks trademark protection for his business name- please see case 9536.
Wills, Trusts or Estates - Back to Top
Literary
9543 - On Review Client is a playwright
whose main assets are the copyrights in his plays. Client needs the assistance of an attorney to write his
will.
Visual
9537 - On Review Client is a visual artist on
disability who fears selling his work might affect his benefits. Client seeks attorney assistance to
determine his options, including setting up a trust, donating revenues from sales to a foundation, or setting
up his own foundation.