Case List
VLA | 1 East 53rd Street, 6th Floor | New York, NY 10022
(212)
319-ARTS | www.vlany.org
Updated as of Thursday, August 26, 2010, 8:00 PM
To request a case: Please email only (do not call in) one case request per email, with a Subject Line of "Requesting Case [#]", (e.g., "Requesting Case 10101") to Anna Kadyshevich, VLA's new Legal Fellow, at akadyshevich@vlany.org. Please limit your case requests to no more than five per week. Thank you.
Please note that case descriptions preceded by asterisks ("***") denote cases that are new to our Case List within the past two weeks. Please remember that cases are sometimes unavailable if already being reviewed by another attorney; the Case List marks such cases as "On Review." Occasionally, these cases On Review may become available (if not placed with the reviewing attorney, who has two weeks to accept or return the case), in which case they will still be listed on the Case List but will no longer be marked as "On Review."
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
Advocacy
Contract
Copyright
Corporate
Dispute/Litigation/Negotiation
Employment
First Amendment
Immigration
Nonprofit Start-up
Real Estate
Trademark/Patent
Advocacy - Back to Top
Theater
11173*** Client is a SAG actor and
performer who has been staging his juggling show in Central Park for the past fourteen years. His work
has been featured in newspaper articles and New York City guidebooks. He has generated a significant
following, both young and old, by providing entertainment to visitors in the park. The Client has consistently
applied for the requisite permit from the City Parks Department in order to legally perform in his spot and
has been granted the permits year after year. The Client properly applied for his permits in December
2009. He received permits for the months of February through July, but did not receive his permit for
August. The process for obtaining a permit requires that the Parks Department notify the applicant, in
writing, if the permit request is denied. In this instance, the Parks Department did not notify the Client that
he was being denied a work permit until he contacted the Parks Department. The permit process also
provides for an appeal if a permit is denied. The Client requested an appeal but has been ignored. The
Parks Department has not provided the Client with a clear explanation for why his permit has now been
denied. The Client believes these actions by the Park constitute a denial of his due process rights. In
addition, be maintains that the new “expressive matter” rules promulgated by the City Parks Department
are a violation of his right to expression and free speech. As a result, he has organized support for his
cause through a mailing campaign that many of his fans have participated in. The Client seeks an attorney
to help him obtain an appeal of the denial of the permit so that he may continue to stage his performance
in Central Park.
Contract - Back to Top
Dance
11081 Artist is a New York-based
choreographer who owns and operates a dance studio in Manhattan. Artist currently has six dancers
teaching classes in her studio part-time. She pays them all as independent contractors, but has no written,
signed agreements with any of them. Additionally, Artist is considering hiring a studio manager to help run
the day to day activities of the dance studio. Artist seeks an attorney to discuss with her the pros and
cons of having employees versus independent contractors and to draft employment or independent
contractor agreements for her six dance teachers and for a potential studio manager.
Film/TV
11183*** Client is the co-owner of a
musical that she is optioning into a feature film. Client will be hiring a choreographer for the production and
seeks an attorney to help draft an engagement agreement.
11182*** Client is the co-owner of a
musical that she is optioning into a feature film. Client will be hiring cast and crew for the production and
seeks an attorney to help draft an engagement agreement.
11181*** Client is the co-owner of the
copyright in a musical that she seeks to option into a feature film. The Client would like to produce the film
herself, and as part of the process, seeks to purchase the camera that will be used to film the production.
Rather than pay the director of photography a salary, the Client would like to set up an agreement whereby
the salary of the director of photography would come out of fees received from renting the camera out to
other individuals. Client seeks an attorney to help her draft such an agreement.
11176*** Client jointly owns the copyright
of a musical with another party. Client wrote the lyrics and the other party wrote the music. They have yet to
stage any performances of the musical, but did put on an Equity reading.The Client now seeks to adapt
the musical into a feature film. In 2007 the parties signed a “standard” Dramatist Guild agreement about
the property, providing for joint ownership. The existing agreement does not give the Client the necessary
control over the property in order to option it for a film. Client seeks an attorney to modify the agreement
and set-up an adequate compensation structure.
11167*** Client is a Brazilian student
studying film production in New York. She wishes to participate in the production of a film, written and
directed by a fellow student. The writer/director owns a film company in Mexico and part of the production
will take place there, the other part taking place in New York. Client wishes to act as producer on the film
and seeks an attorney to help draft a Production Service Contract between her and the writer/director.
11166*** Client entered into a partnership
to develop a concept for a dark-comedy television program. Together with a partner he wrote a treatment
for the concept and jointly registered it with the Copyright Office. The Client then discussed the concept
with an acquaintance (AP1), who introduced them to a writer (AP2). AP2 agreed to write the script for a
pilot based on the Client's concept. The parties agreed that the Client and his partner would participate in
the writing of the script; however, AP2 did not include them in the process and instead completed the
script on her own. Neither the Client nor his partner has seen the script or any of the writer's work product
to date. AP1 proposed to clients that AP1 become a co-owner of the project and that she participate as
an agent and executive producer. The parties discussed working together and APs proposed a draft Joint
Venture Agreement. The Client does not wish to work with either AP under a joint venture. Rather, he and
his partner would like to deal with each AP individually. They would also like to preserve their rights in the
underlying concept and have the opportunity to present the project to other individuals. Client seeks an
attorney to draft a formal rejection to the Joint Venture Agreement and would like to counter-offer a
different arrangement to each individual Adverse Party.
11165*** Client entered into a partnership
to develop a concept for a dark-comedy television program. Together they wrote a treatment for the
concept. Clients told us that the intention was that it be jointly owned, and, as a result, they jointly
registered it with the Copyright Office and the WGA. The Client has an oral agreement to be 50:50
partners in the project and have begun to shop the concept to outside parties. The Client seeks an
attorney to formalize his relationship with the partner in a written contract.
11155 - On Review Client is preparing to
produce and direct a film about a movie theater usher who takes his job too seriously. Client seeks the
advice of a pro bono attorney in order to assist him in drafting the necessary agreements between the
cast and the crew.
11107 - On Review Artist is a New York-
based documentary filmmaker who has been working with a pair of well-known modern dancers for more
than a year and a half as a documentary filmmaker and video archivist. Artist has been filming footage of
the dancers without a written contract and has put together a short documentary film using the footage.
The dancers would like to own the copyright to the film, but in return the Artist seeks permission to create a
second documentary film that Artist will own. Artist seeks an attorney to assist in drafting an Agreement
detailing compensation, credit and control of all work Artist has already performed and will perform for the
dancers.
11070 Client has an ongoing, very
productive and amiable working relationship with another journalist/producer. The two women are currently
moving forward with several specific projects, including a film project based on an English folk musician
who died by his own hand in the mid-1970s. At some future point, Client and her partner will likely form a
jointly-owned production company together. However, at this point, Client seeks assistance to document
the working relationship including such things as the co-ownership of a script they are writing together as
well as a life rights book option they would like to obtain for another project. Client and her partner would
like to clarify and confirm their relationship in advance of negotiating and making arrangements with third
parties, such as the subject of a prospective project based on the life of that individual.
11048 - On Review Artist is a New York-
based Peruvian screenwriter. She has co-written a screenplay that a New York-based production
company is interested in purchasing and producing in Peru. Production company has offered Artist a
nineteen page Option/Purchase Agreement. Artist seeks an attorney to redraft and negotiate the terms of
the Agreement on her behalf.
11025 - On Review Client is a New York
based filmmaker and producer. Client paid a producer with experience in this area to draft PPM. Client
also received a term sheet from SCORE, a nonprofit that provides advice to small businesses. Client
seeks legal assistance regarding finalizing a term sheet and PPM to send to investors for his film.
10990 - On Review Client, an aspiring film
producer, along with his wife, created and owns a Delaware registered LLC, for the film and
entertainment projects he has planned. Recently, Client signed an option agreement for a script, along
with a second party; Client anticipates executing the option as soon as certain funding is formally
arranged; he would also like to assign the option to his production company. Client seeks an attorney to
review the option/acquisition agreement in light of the prospective project and to execute the acquisition of
the script and prepare an assignment of that agreement to his LLC. Client also seeks assistance to
formalize his arrangements with the co-owner of the option, the writer of the script, and separately, an
arrangement with the Executive Producer who is currently arranging financing for the project. He would also
like the volunteer to assist him registering his LLC as a foreign entity doing business in New York and to
comply with any related requirements (publication, e.g.) as he would like his project (planned to start
filming in Winter/Spring of 2011) to be held by and managed through the LLC.
10867 - On Review Client, a New York-
based filmmaker, seeks to option Adverse Party's memoir in the hopes of creating a film project based on
the memoir. Adverse Party's memoir recounts his experience working in the entertainment industry and
serving in the military in Iraq. Client seeks legal assistance in drafting and negotiating an option
agreement with Adverse Party and/or publisher for this film project.
10853 Client is a New York based
filmmaker who entered into a partnership agreement with Adverse Party, a production company. The
agreement stated that Client and Adverse Party each get 50% of the profits from the film and that any
ventures done in relation to the film project would be pursued together, however, the agreement is unclear
about the duties required of each party. With respect to copyright, the contract states that all rights shall
belong to an LLC, to be formed and owned jointly by Client and Adverse Party. To Client's knowledge, the
LLC has not been formed. Adverse Party sent Client a new agreement which states that Client and
Adverse Party will be joint owners of the work, and Client would be responsible for recouping money
expended by the Adverse Party. Client has not signed this agreement; the old contract is still in effect.
Client would like an attorney to help him negotiate and draft a separation agreement, through which he
also seeks to prevent Adverse Party's involvement in or ownership of the Client's production of a separate,
but related film.
10833 - On Review Client has made a
documentary film about a dance company from India. She had some of the dancers appearing on the film,
but not all, sign a release agreement at the time of the taping. Client seeks assistance reviewing the
release to ensure it provides her with adequate protection and secures her rights to use their images,
likenesses and names in the film. Client also seeks assistance in drafting an agreement with the Dance
Company’s executive director to establish credit, compensation and ownership rights involved in client’s
use of the Dance Company’s performers and musicians and to obtain the releases/licenses that may be
necessary to establish client’s clean title to the film.
10810 - On Review Client is a New York-
based documentary filmmaker completing her first project, for which she will seek fiscal sponsorship.
Filming has been completed and the project is now in post-production; Client needs assistance as she
completes the film in anticipation of distribution. Specifically, Client needs assistance preparing an
agreement with the editor she has been working with and a third party, who Client is planning to engage to
assist with marketing and possibly distribution. In addition, Client has several written agreements that
have already been signed (including location, material and personal releases and composer and crew
agreements) and Volunteer Lawyers for the Arts recommended that these documents be reviewed by an
attorney to confirm they are adequate to meet the Client's needs. Also, Client indicated that she filed
articles of organization for an LLC in New York (she will be the sole owner) and seeks help completing the
process.
10776 Client, a solely owned production
company entered into a contractual film co-production relationship in May 2009 with Adverse Party. The
contract was an agreement to transfer copyright interest in the film to Adverse Party for providing services
and financing to finish the film. Client had previously shot and directed film production as stipulated in the
contract. Client provided all his materials to Adverse Party, who confirmed receipt of all film-related
materials in August 2009. After receipt, Adverse Party did not perform any of their obligations under the
contract. Adverse Party also forbade Client from communicating with other production companies who
expressed interest in this project/material. About a month ago, Adverse Party "released" Client from the
contract via email. There was no formal documentation of the "release."
The contract contains an Arbitration clause, which stipulates choice of law and forum as Alabama for
purposes of arbitration under the American Arbitration Association. The Arbitration clause appears to
conflict with the Remedies clause.
Client would like to negotiate a formal release from the contract, a release/return of all copyright/ownership
rights that were granted to Adverse Party, and a certification/affidavit that Adverse Party will destroy or
return all Client's materials and will not use them. Client would also be interested in seeking any other
remedies available.
10751 - On Review Client is a NY-based
independent film screenwriter and director who operates a sole proprietorship production company. Client
wrote a screenplay in 2005, which he registered with the Copyright Office and WGA. The operating
agreement of a NY-based LLC, which was signed by Client and Adverse Party, another NY-based
production company, states that Client shares near-equal equity interest with Adverse Party in the new
LLC. The operating agreement also provided that Client contributes the copyright in his screenplay and
his services as writer and director in return for Adverse Party's financing of the production of a film based
on the screenplay. Client has also signed a form, which appears to assign his copyright in the work to the
new LLC. Production has begun on the film based on Client's screenplay; Client has had no control and
received no compensation since production began. Client seeks attorney assistance to clarify who owns
the rights to his screenplay and to assess what rights, if any, he has to be involved in the production based
on the operating agreement, verbal promises, and email correspondences with Adverse Party.
Literary
10992 Client, a New York based writer, is
interested in publishing an autobiography about a famous musician and friend recently deceased.
Musician worked with Client on her autobiography and on her death bed asked writer to finish the book.
Prior to death, musician signed a life rights option and purchase agreement with a film company who
recently produced and distributed a film about the musician and the band she played with. The contract
with film company is governed by California law. Client seeks legal counsel to analyze the terms of the
contract and to determine whether the autobiography can be published. Client also needs an attorney to
determine whether other the deceased estate and her former domestic partner may have legal rights to
the material or future royalties.
Mixed
11138 Client is a New York based arts
organization that supports poets through performing arts events and workshops. Client is in the process of
forming an LLC. Client seeks legal assistance to draft an operating agreement, franchising agreement,
and collaboration agreements. Most importantly, client is seeking assistance with the operating
agreement first, and then hopefully the franchising agreement and collaboration agreements
thereafter.
10890 - On Review Client has a business
that helps clients reassess their closets and shop for creatively frugal additions to their wardrobes. Client
had the website designed by an independent contractor and wishes to review the website development
deal that Client signed. Client also may want advice about registering the website with the copyright
office. VLA's Executive Director, Elena M. Paul, is available to co-represent and will remain attached to
this project.
10831 - On Review Clients are an
established New York based photographer and a New York based visual artist. Clients are starting a
photography book project, documenting the work of a certain group of spiritual practitioners who are
located in countries across the world. Among other things, Clients will photograph and interview the
subjects for the book. They are also planning a web-based version of the project and an exhibition.
Clients need release agreements with each of the thirteen subjects. In the past, the subjects have worked
together and continue to work together under a project of a California nonprofit. In addition to agreements
with the subjects, Clients also seek to form an agreement with the not-for-profit tax-exempt organization to
clarify its role and responsibility and also possibly the fiscal sponsorship of the project.
Music
11106 Client is a New York based
musician. Client commissioned Adverse Party, a composer, in a written agreement to write an original
composition “inspired by Paraguayan traditional music.” Client promised to pay Adverse Party $4000, of
which she has only paid $2000. Client provided Adverse Party with examples of Paraguayan music and
told him through email what to include. Client asserts that the final work produced by Adverse Party is not
Paraguayan by objective standards, while Adverse Party claims that her issues are subjective. Client
seeks legal representation to negotiate a settlement with Adverse Party or pursue legal action.
11047 Client is a New York based
musician who was a guitarist for a popular punk band and currently has his own band. Client signed an
agreement with Adverse Party in 1995 to use his song in the soundtrack of a movie. The agreement
stipulated that Client would receive a flat fee of $1,500 and royalties for the sales of the soundtrack album.
Client received the flat fee and was paid royalties for a year or two but has not received royalties since.
Client never received an accounting to show that sales were low enough to warrant not paying him. Client
is also interested in signing up for SoundExchange in order to receive royalties for the use of sound
recordings. Client seeks legal assistance to recover royalties owed to him for the use of his song on the
movie soundtrack. Client also seeks legal advice regarding filling out the SoundExchange forms.
11022 - On Review Client is a New York-
based music production company that arranges beats for hip hop music artists to use in their songs.
Client's arrangements have not been registered with the copyright office. Client would like assistance
drafting exclusive and non-exclusive license agreements for its arrangements. Client also has questions
regarding the most economical and efficient means of obtaining copyright registration for its
arrangements.
10989 - On Review Artist is a piano and
voice teacher who also writes songs and performs. Artist seeks an attorney to assist her in drafting two
agreements that she could use with students who wish to perform/record her original works.
10937 Client is a member of a four person
band that is seeking to engage in a personal management contract with Adverse Party, a Delaware
corporation. Adverse Party sent Client a contract for review. Client seeks attorney representation to assist
Client in negotiating with Adverse Party and if necessary, redrafting parts of the management agreement.
The contract is governed by New York law.
10877 The client, a New York based
musical performer, is a member of a family musical group. This group was offered a $300,000 contract
with a company to perform a series of shows in Missouri. The contract stipulated that the group would be
paid a $5,000 relocation fee on February 5, 2010 to cover expenses for the family to move to Missouri.
Additionally, the contract governing their performance was to commence on March 1, 2010 and stipulates
that the group is to be paid the $300,000 in bi-weekly installments (presumably beginning on March 14,
2010). The group signed the contract and moved out to Missouri to begin their performances, but it was
not paid the relocation fee to cover moving expenses, nor has it since been paid the money owed to them
for the fullfillment of its terms. The group sent a letter to the owner of the company concerning the
company's nonperformance of the contract, stating that the group was owed $34,615.38 in back
compensation and the $5,000 fee for moving expenses. In addition, the letter stated that if the amounts
are not paid in full by 5pm on Friday, April 16, 2010, the group will consider the contract to be null and
void. The group discussed this letter with the owner of the company in person on April 9, 2010 and the
owner signed the letter at this meeting.
The client seeks the assistance of an attorney to recoup the payment due under the terms of the contract
and to pursue other damages if necessary.
10826 - On Review Client is a New York-
based singer and songwriter who entered into an agreement with Adverse Party, a record producer, to
produce an album. Client recorded a number of master tracks intended to be included in the album. Client
was unhappy with the sound quality/mixing of the tracks and lack of organization on the part of Adverse
Party. Client let Adverse Party know that Client wanted to terminate their relationship but Adverse Party
disagreed. Client seeks attorney assistance in terminating the relationship.
Theater
10859 - On Review Client is a
screenwriter and playwright who wrote a play for which he entered into an agency contract with a
prominent theatrical publishing and licensing house. The contract provided the adverse party with the right
to license the client's play throughout North America for the entire life of the copyright.
Client's play has been licensed for production over two hundred times. Client believes that adverse party
has breached the contract by failing to make timely payments to client for his share of the licensing
royalties from third party theatre companies because of the licensor's custom of not paying out advances
until a play opens. Client seeks to recoup the interest earned on those royalties due to the delay in
payment by adverse party, which averages nine months. Furthermore, adverse party has chosen to
vaguely classify some of the productions as “non-professional” instead of “professional”, thereby entitling
client to significantly less compensation, despite the fact that these theatre companies may be grossing
substantial profits from the play's production. Pursuant to the termination clause included in the contract,
client seeks to terminate the contract as a result of adverse party's potential breach. If possible, client also
hopes to recover additional damages for the difference between the professional and non-professional
production rates.
10766 Client is a director and playwright
who is creating a musical based on the unauthorized biography of a recently deceased celebrity. Client is
writing the script and collaborating with a lyricist, who has also referred a composer for the musical. Client
seeks an attorney's assistance to execute an option agreement, which has yet to be drafted, that would
confer him the rights to use the book as a basis for his screenplay musical.
10765 Client is a director and playwright
who is creating a musical based on the unauthorized biography of a recently deceased celebrity. Client is
writing the script and collaborating with a lyricist, who has also referred a composer for the musical. Client
intends to execute an option agreement, which has yet to be drafted, that would confer him the rights to
use the book as a basis for his screenplay musical. Client seeks attorney assistance in drafting a
collaboration agreement with the lyricist.
Visual
11147 Client is a New York based
photographer and artist. His work has appeared in many magazines including the New York Times
Magazine, the London Sunday Times Magazine and Harper’s Magazine.
On July 6th 2009, Client was offered a fellowship with Adverse Party. While in residence, Client was
expected to produce a collection of photographs conveying the work, culture and communal life of Adverse
Party’s institution, suitable for publication and possibly, exhibition, as one way of celebrating Adverse
Party’s 80th anniversary. The terms of the fellowship did not specify the exact number of photos that would
be produced. However, during a phone conversation with the Associate Director of Adverse Party, Client
was informed that about fifteen to twenty images were expected to be produced. In addition, the
fellowship letter stated that Adverse Party would retain the right to use photographs taken at the Adverse
Party’s location during Client’s residency in its own publications and in articles about Adverse Party by
others, indefinitely. According to Adverse Party’s Intellectual Property Policies and Procedures, Faculty,
Members and Visitors own the copyright for their copyrightable works. Client accepted the fellowship and
started taking photographs.
During a meeting in January 2010 with Adverse Party’s Director and committee, the possibility of
publishing a book with a university press which would consist entirely of Client’s photographs was
discussed. In addition, Client was asked to produce more images. For this purpose, Client’s fellowship
was extended until August 2010. Adverse Party repeatedly changed the number of images required to
complete the fellowship. Also, Adverse Party had not asked for Client’s authorization and did not offer
additional compensation for using Client’s images in the book Adverse Party wanted to publish with the
University Press. Once Client began inquiring about his ownership of the photographs in relation to the
publication of the book, Client’s relationship with Adverse Party began to deteriorate as the parties were
unable to agree on the ownership of the images and the number of images that had to be produced.
The fellowship was terminated on June 30th 2010. Client submitted 33 prints to Adverse Party and has
another 17 images ready for submission. Adverse Party asserts that Client must deliver to Adverse Party
any photographs that he might take at Adverse Party’s location or relate to Adverse Party and not just the
photos he may choose to deliver to Adverse Party. Adverse Party stated that Client promised to produce
between 80 and 200 photographs. Adverse Party also claims copyright ownership over the above
images. Client’s negotiation attempts proved unsuccessful. Adverse Party is currently threatening
litigation if Client does not transfer at least 50 images. Client now seeks and attorney in order to evaluate
copyright ownership over images and seeks to negotiate and potentially litigate with Adverse Party.
11113 Client is a New York based artist.
She worked with an art gallery in the Netherlands. The gallery sold Client’s works but failed to pay
complete payment to Client. The gallery made “settlement” payments for two months but then stopped.
Attorney assisted Client in drafting a letter to the gallery. Client seeks assistance from an Attorney to
determine whether further action is required.
11088 - On Review Client is a New York-
based designer. She is starting a blog of inspirational materials for designers of direct mail and email
advertisements. Client plans to have users submit examples of such mailings, which would then be posted
on the blog. As of now, the blog posts include commentary analyzing the mailings. Client seeks legal
advice on the terms of use contract for viewers who submit materials to appear on her blog. Client also
seeks legal advice on her rights in posting and maintaining third party materials on her blog.
11052 Artist is a New York based
photographer who has photographed a department store’s window displays for twenty years. A book
publisher and the department store want to publish a book about the department store’s window displays
that will feature Artist’s photographs. Publisher’s contract with Artist includes a provision requiring the
Artist to indemnify the publisher. Artist also received a contract from the department store that required her
to transfer her copyright ownership to the department store. Artist seeks legal assistance to negotiate a
contract of indemnification with the department store.
11010 Client is a New York based visual
artist. Adverse Party is a clothing wholesaler that was looking to rebrand its corporate name and logo. A
representative for Adverse Party contacted Client to redesign the logo for the new company name. Client
orally agreed to a $35 per hour rate for designing several samples. Client asserts that in case Adverse
Party liked any of the designs, the parties agreed on $1,200 as a purchase price for each design. There is
no written agreement that codifies this agreement or designates it as a work for hire. Client worked for six
hours to create several images and was compensated by Adverse Party as agreed. However, Adverse
Party decided not to purchase any of the designs. Client later discovered that his designs were being
used on the paperwork, including business cards and invoices, and the glass doors of the company. Client
sent a letter to Adverse Party by certified mail demanding compensation for the use of his images.
Adverse Party refused to accept it. Client seeks legal representation regarding his claims of breach of
contract and copyright infringement against Adverse Party.
10947 Client is a New York-based
designer. She is setting up a blog that analyzes envelopes and mailings. Client plans to have users submit
examples of such mailings, which would then be posted on the blog along with analysis of the mailings.
Client also created a privacy policy, disclaimer, and terms of use for the blog. She seeks an attorney to
review and redraft the blog’s privacy policy, disclaimer, and terms of use.
10936 Client has authored a painting
currently on consignment for sale at an art gallery. The artist wants to impose certain conditions (stipulated
in part on the work) on the purchaser of the work including a term to compel the modification of the
painting in a specified matter upon every subsequent exhibition. These terms are prominently displayed
on the painting.
Client would like attorney assistance in drafting a purchase agreement under which a purchaser of the
painting (and subsequent purchasers/owners) will be bound to the terms stipulated as well as language
setting out the consequences if the stipulated conditions are not met.
VLA's Executive Director, Elena M. Paul, is available to co-represent and will remain attached to this
project.
10918 Client is an elderly Connecticut-
based sculptor seeking to enter into a contractual agreement with a Connecticut corporation (Adverse
Party), which shall represent and manage Client's art collection. The collection contains Client's life works
of about 220 hand carved wooden and stone sculptures, 1500 original slate monoprints and prints, and a
smaller group of early paintings and drawings. Adverse Party has provided Client with a contract, which
Client would like an attorney to review. Client is particularly concerned with making sure he doesn't lose
ownership in his artwork in the event that Adverse Party is unable to meet its financial goals. The contract
is currently governed by Connecticut law.
10891 Client, a New York-based visual
artist, has been commissioned by an Ohio-based parents group to design a sculpture in memory of a
murdered student. This collective of parents has been raising funds to cover costs associated with the
design, fabrication and installation of the sculpture. Donations have been made to a not-for-profit
organization working in conjunction with the parents; a portion of these funds are being awarded to Client
for her selected design proposal. When completed, Client's structure will be displayed in the atrium of a
public school that has agreed to accept the work as a gift from the parents. Currently, there are no written
agreements between any of the parties.
Client seeks legal assistance in drafting an agreement that will clarify her role as an independent
contractor; limit her personal liability; grant her control over the installation of her work; and establish her
intellectual property and moral rights in the work.
10882 Client is a California based
nonprofit 501(c)(3) corporation. Client is a public art initiative committed to commissioning and producing
site- and situation-specific art projects around the country. Rather than having one permanent gallery or
exhibition space, Client travels throughout California and the United States to showcase dynamic and
unconventional works of national and international contemporary artists. Thus, Client uses different public
and private venues for each event it holds. Some of the venues Client uses are art spaces, but many of the
venues Client uses are non-art spaces such as empty warehouses and storefronts. Additionally, Client
commissions and works with different artists for installation at each new location.
Client seeks assistance from an attorney who is admitted to practice in the state of California with the
following:
(1) creating a form contract for use between Client and a venue; and
(2) creating form contracts for use between Client and commissioned artists.
Copyright - Back to Top
Dance
10871 Client is a dance company that
works with independent contractors for costume design and photography. They currently have
agreements with the designer and photographer but would like an attorney to review the agreements and
assist with copyright requirements (as appropriate).
Film/TV
11085 Client is an actress who has
recently incorporated a production company. One of her current projects is the creation of a website which
posts original video skits inspired by specific personal advertisements found on websites such as
Craigslist. Client writes the scripts and performs in the films. One of her friends has been filming the
videos.
Client seeks the advice of an attorney on various legal aspects of the project. Client would like to
establish the legality of her use of the classified advertisement text and clippings from other websites and
magazine sources. Client seeks assistance in registering the project with the copyright office. Client
requires the assistance of an attorney in drafting agreements and releases between herself and people
who will be posting information on her website. As well, Client requires the assistance of an attorney to
draft an agreement transferring all the rights of the third party who films the project to her.
10921 Client, a director of photography
and camera operator, shot one day of footage in 3D of two artists, believing it would be the first installation
of footage for use in a documentary of the artists' lives. Client assembled a 25-person crew for the shoot.
Client received no payment and has not signed any agreements with the crew, the artists, or others
appearing in the footage. A third party film production company ("Production Company"), was involved in
the shooting day to the extent that it obtained written releases from those appearing in the film, as well as
a depiction release granting Production Company a license to use the artists’ life stories as a basis for the
film. Client, however, did not sign a written agreement with Production Company in relation to the project.
Now Production Company wants Client to turn over the footage so that it may use it in a promotional video
and/or as part of a full-length documentary film. Client seeks an attorney to help him negotiate with
Production Company and draft a contract that establishes ownership rights, credit, and compensation for
Production Company’s potential exploitation of his footage. Client also seeks attorney assistance in
drafting agreements with the crew and, if necessary, releases for those appearing in the footage so that
he has clean title to the footage to license it to Production Company.
10873 Client is a filmmaker who received a
grant to make a short documentary. Client has signed releases from those featured in the film; however,
client did not secure written releases from her crew members. Client is seeking to clean up title in her
documentary and register for the copyright in anticipation of a feature film that is in preproduction. Client
would also like additional advice on copyright in film.
10827 Client is a NY-based film producer
and owner of a film distribution company. Client produced an art scholar's lecture series in 1983. Client
asserts that she owns the film's copyright and has the sole rights to distribute the videos. Client has a
copyright registration certificate for the film at issue. Client recently noticed that several blogs are posting
links to download the videos for free. These sites claim that Client does not own the copyright. Client is in
the process of converting the videos for online streaming. Client seeks an attorney to assess her
potential copyright claims and, if appropriate, help her draft cease and desist letters to the websites.
10825 Client is a film student. She wrote
a script for a short-film project at her school. This script was adapted from an earlier script that Client had
written and produced into a short film while living in Korea. Working with the director, a fellow director at
her school, she made various revisions to the English script, and the director filmed a project based on
this revised script. Client had multiple conflicts with this director over screen credit for her work during this
process, and this was ultimately solved (with the aid of the school administration) by including a writing
credit for both the writer and director. This director is now planning a feature-length film based on the short
film. Client asserts that the director has no right to create this film without her consent, and she would like
the director to cease planning for the production until an agreement is reached between the two. She
previously signed an agreement with the director that pertained solely to the short film and established that
she would receive cowriter's credit. This contract did not address copyright ownership. Client seeks an
attorney to negotiate with the director to achieve client's objectives: (1) to stop/prevent production or (2) to
come up with a formal agreement with director that establishes proper credit and ownership.
Mixed
11091 Client is a non-profit organization
with 501(c)(3) status that is launching a film archival project through which it seeks to capture the
experience of listening to one’s favorite musicians or most personally inspirational pieces of music. The
project is currently focusing on capturing the listening experiences of notable musicians, but will ultimately
become an online archive to which ordinary people can upload videos of themselves listening to their
favorite pieces. Client’s goal is to document the listeners’ wealth of musical expertise and diverse musical
perspectives with the hope that the listeners’ sharing of their listening experiences will make seemingly
disparate genres more diversely accessible. In addition to becoming part of the online archive, the film
footage may also be used to create a full-length documentary film. The musical works which the musicians
listen to and comment on are largely works under copyright protection. Thus, Client would like an
attorney’s assistance with obtaining licenses to utilize these works in both the archival and full-length
documentary film aspects of its project.
Music
11160 - On Review Client is a musical
composer who would like to create a website where sheet music can be exchanged between buyers and
sellers. Client needs assistance with incorporation and with issues of intellectual property that may arise
due to the nature of his endeavor.
11072 Client is a jazz composer and
pianist. In 1959, he composed music for an award winning Broadway play. Client registered the copyright
for the music to the play in 1959 and renewed it in 1986. He is currently registered as the sole owner of
the copyright to the music. In 1960, he signed an agreement with a record company (Adverse Party).
Client is no longer in possession of the record agreement but claims that the music recording created
under the agreement was intended to be used for a movie version of the Broadway play. The movie was
released in 1962. Client was not compensated for the use of the music in the movie. Client claims in
addition, the Adverse Party released several recordings of his music without his authorization and without
compensating him. The releases known are: cassettes, CDs and music scores produced by the record
company between 1960 and 2006. In 1992, Client contacted Adverse Party requesting payment of
royalties. Adverse Party responded by paying Client $351.97 and stated that was the entirety of royalties
owed.
In 1992, Client also discovered his music had been used in a production staged in Stockholm in 1963 and
possibly 1965-1966 and he suspects it may be staged in other cities in Europe. Client believes Adverse
Party was implicated in the agreement with the Stockholm Theatre.
Client now seeks the help of a pro bono attorney to assist him in determining the outstanding royalties that
are due to him and the extent of copyright infringements.
11035 Client is a New York based
musician. Client was part of a band along with Adverse Party and another individual. Adverse Party has
been creating, independently from the band, a very popular series of YouTube videos, each of which has
received millions of viewers. The band produced seven songs and five music videos. Each member
contributed significantly to the creation of the lyrics and the music. The band placed the songs on iTunes
through Tunecore and on Youtube. The band members agreed orally to split all revenues from the songs
equally among the three but never discussed copyright ownership of the songs. In February 2010,
Adverse Party changed the passwords to the band’s Youtube, Tunecore, and Google AdSense accounts.
Client was able to recover passwords to the latter two. A Nebraska-based lawyer sent Tunecore a cease
and desist letter to take down the songs from iTunes, claiming Adverse Party reserved all rights to the
lyrics and filed them with the U.S. Copyright Office. Client put the songs back up on iTunes and was told by
Adverse Party’s lawyer to take them down. Client has attempted to send proceeds from the iTunes sales
to Adverse Party, but Adverse Party never cashed the checks. Client filed a registration of the band’s
songs with the U.S. Copyright Office in March 2010. Adverse Party uses these songs in his YouTube
videos and has not shared with Client proceeds that he has received from his videos. Client seeks legal
assistance for asserting his rights in the songs and for recovering his share of the revenue Adverse Party
received from the use of the band’s songs in Adverse Party’s YouTube videos.
10972 - On Review Client is a Jamaican
reggae song writer and performer who now lives in New York. The client wrote and performed the songs
of two albums produced by record companies in 1991 and 1994. Client received royalties until 1995, but
has not received royalties for the past 15 years. Client has discovered that his songs have been posted
online without his permission. Client also discovered that one of his songs was used in a film and he has
not received royalties from this use of his song.
10965 - On Review Client, creator of a
cockney-style choral group, has questions about registering and protecting his arrangements of music
previously registered by another author, about registering and protecting his arrangements of music in the
public domain, and about performing and recording those arrangements. Some of client’s works may be
deemed parodies and thus protected, but client needs further assistance determining this.
Visual
11157 Client is the daughter of a well-
known New York photographer whose work chronicled many iconic figures over the decades. Her father
worked both as a freelancer and as an employee for several New York City newspapers. He passed away
in New York in 1992, and the Client is now in possession of an extensive collection of his negatives and
prints.
Client owns a gallery in Florida and does freelance photography work in New York. In Florida, she put on
an exhibit of her father’s prints, hopes to continue to archive and exhibit his photographs and write a book
based on her father’s life and work. Client seeks advice on what copyrights she has in the material and
how she can proceed in using the negatives and prints.
11102 Client is a New York based
photographer. In 2008, Client purchased tickets to attend several games of a professional sports
franchise and Client took pictures at those games. The photos’ subjects included the players, the game
being played, the stadium, and the fans. Client created a book based on the photos. Client also included
quotations from fans and players in the book. Client took these photos without the permission of the
franchise, the professional league, or of the fans. Client did get permission from the fans, but not from the
players, to use their quotations in the book. Client will be meeting with representatives from the franchise
to see if it has any interest in sponsoring her work. Client seeks legal advice regarding her rights and how
she can use the photos and quotations if the franchise agrees to or refuses to work with her. Client also
seeks legal assistance drafting a release agreement through which those who helped her with the book’s
layout and the person who took two other photos used in the book can give Client their rights in the
book.
11075 - On Review Client, a New Jersey
based handbag designer, designed a handbag in 2007. Client had the bag manufactured in August 2008.
In June 2010, Client discovered that a similar bag had been submitted by Adverse Party, under Adverse
Party’s name, in the 2010 Independent Handbag Designer Awards. Adverse Party currently is promoting
the handbag design in her spring collection on her website, on television, and is advertising the bag for
sale. Client seeks the assistance of a volunteer attorney in order to evaluate the protectability of her bag
design under copyright law. A manufacturer that Client knows acknowledges that Adverse Party was
aware of Client's design.
11074 Client is a New York based visual
artist. Client worked with Adverse Parties, prominent artists in New York, between 2001 and June 2009.
Client had a written agreement with Adverse Parties regarding his employment but no longer has access
to that agreement. Since 2004, Adverse Parties allowed Client to use their studio space to create Client’s
art projects. Adverse Parties often saw the art projects Client created in their studio and Client also
discussed with Adverse Parties some of the previous art projects Client created. Adverse Parties
sponsored Client on immigration issues. In June 2009, Adverse Parties fired Client due to economic
hardship, but they gave him some part-time work in January 2010. In 2010, Adverse Parties installed an
art exhibition at a New York museum. Adverse Party’s work used the same material and had a very similar
structure to art projects by Client. Client seeks legal advice regarding whether Adverse Parties had
infringed his copyright in his art projects and what actions he should pursue against Adverse Parties.
10988 Artist is a well-known photographer
whose work is being reproduced and sold by numerous unauthorized third parties. Artist is seeking a
copyright litigator to draft and send Cease & Desist letters and, if necessary, file for injunctions. Also,
Artist would like to recoup back payment for the reproductions and merchandise sold for which he did not
receive any royalties. This may be done through a settlement or damages from a copyright infringement
suit.
10946 Client is a New York-based
designer. She is setting up a blog that analyzes envelopes and mailings. Client plans to have users submit
examples of such mailings, which would then be posted on the blog along with analysis of the mailings.
Client is concerned that the posting of these submissions on her blog may violate intellectual property
rights of third parties. Client seeks legal advice regarding potential liabilities and the ways to avoid
liability.
10862 Client is an artist who does large-
scale metal sculptures and mixed-media installation art. Client curated an exhibit for a museum in Europe
and wrote several wall texts for the exhibit, which he planned to later incorporate in a book. The Adverse
Party (AP) is a curator in Europe who frequently does business with galleries in the United States. Client
presented AP with his ideas for the book, along with layout, structure, and arrangement. The AP
expressed interest in Client's ideas and offered to help find a publisher for Client's book. The AP then
wrote a book about the subject of the exhibit which directly copied Client's wall texts, layout, structure, and
arrangement, and was published in Europe. Client seeks the advice of a pro bono attorney to address any
possible remedies available to him.
10809 Client is a New York-based artist
and owner of a New York art gallery. Client creates fine art pieces incorporating artistic and useful items
which have been exhibited in Europe; client now wants to exhibit and sell these works in the United States.
In addition to protecting and selling these artistic works, client desires to create a second company that
would be a subsidiary to her gallery LLC. This new company would operate traveling exhibitions, through
which client would exhibit and sell the work of the artists that client currently exhibits in client's gallery, as
well as client's own work.
Client seeks assistance in forming a new subsidiary LLC and seeks advice regarding copyright
registration of her own work in view of these corporate entities.
Corporate - Back to Top
Film/TV
11180*** Client is the co-owner of the
copyright to a musical that she now is seeking to option as a feature film. Client wishes to produce the film
herself, and seeks to form an LLC for the production. Client seeks an attorney to help form the corporation
and transfer rights to her musical from herself as an individual to the corporation.
10952 Client created animated character
and script for animated feature film for children. An animator has expressed interest in creating a demo so
that client might sell her story as an animated feature. Client would like to set up an LLC through which to
handle the animation project. She seeks an attorney to form the LLC and to provide her with related
corporate law advice. Due to Client's particularly low income, she is hoping to find assistance from a lawyer
or law firm who would be able to cover the costs of her incorporation-related fees.
Mixed
11142 - On Review Artist is a New York-
based fashion designer who has set up an s-corporation start a line of women’s sportswear. Artist seeks
an attorney to draft a shareholder agreement and subscription agreement for her.
11029 Client is a New York based artist
who archives reactions of audiences to performing arts events and offers the content online through his
website. Client attends performing arts events, interviews audience members, records the verbal and
physical reactions of audiences to the work, archives the content, and makes it viewable online by the
public. He collaborates with other artists in South Africa and plans to expand to other countries. Client
seeks legal assistance with establishing the project as a LLC.
10923 Client is a New York City based
artist specializing in animation and graphics. The client has recently created one episode of a cartoon
series that he would like to pitch to different companies. The client would like to form a limited liability
company through which he plans to pitch the episode of his cartoon show to companies and hire others to
assist him with animation responsibilities.
The client seeks the assistance of an attorney to form a limited liability company in New York.
10830 Client is an established New York
based photographer. Client is starting a photography book project with her business partner, who is also
a visual artist, documenting the work of a certain group of spiritual practitioners who are located in
countries across the world. Among other things, Client and her partner will photograph and interview the
subjects. They are also planning a web-based version of the book project and an exhibition. Client and
her business partner want to form an LLC to hold the project.
10772 - On Review Client is forming a
design/construction business and would like help incorporating it as an LLC. Client also needs basic
business advice, including issues related to any licenses and permits. Client, further, needs help
preparing a standard agreement for his clients to clearly set forth roles and responsibilities. Client would
also like to discuss and be advised about potential IP protection for various designs. Finally, client may
need advice on his marketing materials, insofar as such materials might be subject to various
regulations.
10627 Adverse Party ("AP") has an 80%
equity stake in a Delaware LLC (“LLC”), formed on July 18, 2007 and focused on fundraising, marketing
opportunities, and networking for non-profit cultural organizations with a particular emphasis on corporate
philanthropy including in the nonprofit arts community. Client, through a New York S-Corporation, owns a
5% equity stake in LLC. Client was also, until recently, an officer of LLC. AP’s life partner owns the
remaining 15% equity of LLC. Since at least December 17, 2008, Client has been listed as a founder on
LLC's website.
On 1-1-2010, AP sent Client an email in which he notified Client of his intention to dissolve LLC. AP
claimed that LLC has no assets. AP accused Client of improper usurpation of an LLC business
opportunity. AP also requested that Client cease referring to himself as a founder of LLC.
Client disputes AP's claim that LLC has no assets. In particular, Client suspects that AP intends to
capitalize on the positive name and reputation of LLC for future business opportunities. Client wants LLC
assets valued and distributed in proportion to his equity share. Client also wants to ensure that he has the
right to refer to himself publicly as a founder of LLC.
Music
10964 Client, creator of a cockney-style
choral group, would like to incorporate his business. He seeks an attorney to advise him on which
corporate form would best suit his business’s needs and to assist him with corporate formation.
Theater
11174*** Client is a songwriter and
musician. He has written the music and lyrics to a cabaret. He is receiving fiscal sponsorship and has
been doing business in connection with the show under the name of his unincorporated production
company. The show features a cast of fourteen musicians. They put on live performances and are in the
process of recording an album. Part of the proceeds from the project are intended to be used to open an
arts community center the in the Bed-Stuy neighborhood of New York.
Client seeks an attorney to help him formally incorporate his production company.
11066 - On Review Client is a New York
based not-for-profit corporation. Client is a children’s theater that provides various arts activities for
children. Recently, Client took over all of the finances of another not-for-profit corporation that presents
theater performances and other artistic endeavors to the community. Client paid off all of the debt of the
other not-for-profit organization. This other not-for-profit organization has been in existence for some time
and wants to transfer all of its assets to Client. Client seeks an attorney’s assistance to complete this
transaction.
Visual
11171*** Client has developed an original
recipe and concept for gourmet, handmade marshmallows. His marshmallows are creatively designed
and come in a variety of unique flavors. His goal is sell his product online, and eventually open a
"marshmallow truck" to sell his product on the streets of New York. The Client has put together an
extensive business plan and seeks an attorney to help incorporate his business.
11033 Client is a New York-based visual
artist with an MFA, an MBA, and a PhD in the works, and is currently exhibiting in Europe, the US and
Asia. Client is founding a tactical artists residency, arts research and exhibition program. He wishes to set
up a corporation to serve as an umbrella structure for the residency, research, and exhibition program, for
future artwork sales, and for his non-arts related strategy consultant services. Client would like an
attorney’s assistance with filing as an S-corporation in New York.
10919 Client is a New York based artist.
He creates spinning toys for children and has a registered copyright to some of his toys. Client would like
to offer his toy designs to toy manufacturers and prefers to approach the toy manufacturers as a company
rather than an individual. Client is also interested in minimizing potential liability arising from the use of his
toys.
Client is seeking legal advice as to the type of the legal entity that would be the best fit for his business as
well as assistance in setting up such entity. He also seeks general advice regarding the protection of his
intellectual property.
10778 Client, a New York-based LLC, has
created a fashion accessory design.
Client is interested in working with a non-profit tax exempt charitable corporation ("Non-Profit") in
connection with an item Client has designed. Client believes that the accessory has considerable
business potential and does not wish to transfer all right, title and interest to her design. Client has
discussed the project at some length with two board members of Non-Profit, but does not have a written
agreement with Non-Profit.
Client wants an attorney to help negotiate a mutually beneficial agreement with Non-Profit concerning the
compensation, credit, and control of the production, sale, and intellectual property rights of the fashion
accessory.
Dispute/Litigation/Negotiation - Back to Top
Dance
10870 - On Review Client is a very small
dance company, and it submitted content (photos of a production, its dancers, and a costume) to a
television show. That content was featured very prominently on the show and was central to the episode's
premise. The group was given no credit for the content and received no compensation. Generally, the
production company has parties sign a standard release and had presented one in this case; however,
the company and its dancers signed no such release, as they objected to the fact that the release did not
include any credit to the small company. The group is especially upset about the lack of credit, and it
would like help negotiating with the adverse parties. Ideally, it would like to negotiate some sort of
donation to the group.
Film/TV
11169 Client wrote and directed a short
film that the Adverse Party ("AP") worked on and contributed money to. Client fired the AP and the AP
filed suit against Client for breach of contract and conversion. Client, who is currently pro se, seeks an
attorney to help her in this representation. Client needs assistance soon because there is a settlement
conference scheduled for mid-September.
11137 Artist seeks an attorney to
represent her in negotiations with her father’s Foundation about the disposition of property currently held
by the Foundation. VLA’s Executive Director, Elena M. Paul and Associate Director, Sergio Sarmiento,
will co-represent Artist in cooperation with outside counsel.
11061 Client is a filmmaker who created a
documentary in collaboration with a Production Company. The Production Company then entered into a
distribution agreement with a Distribution Company. Per the agreement, the Distribution Company agreed
to pay the Production Company about $50,000, of which Client would be entitled to about $7,600 (40% of
the amount remaining after subtracting $31,000 for production costs). Of the $50,000, the Distribution
Company is withholding $10,000—$4,000 of which Client is entitled to—stating that it subsequently
entered into a seven-year “hold-back” agreement with the Production Company to cover potential costs
related to the film’s use of unlicensed music. Under the Authorization Agreement between Client and
Production Company, Production Company was not entitled to modify the terms of the distribution
agreement without Client’s written approval. Client asserts that he never granted written permission to
hold-back payments, and therefore seeks an attorney to evaluate the validity of the hold-back agreement
and negotiate with Distributor for disbursement of the $10,000 withheld.
11023 - On Review Artist is a New York-
based filmmaker and full-time student. Artist shot footage of a community group opposing the building of
a local mosque. The group has requested that Artist relinquish the footage. Artist seeks an attorney to
advise about Artist’s rights to the footage and advise communicating with this community group.
10970 - On Review Client is a New York
based freelance documentary filmmaker and camera operator. Client agreed with Adverse Party to go to
Haiti and take footage for $1,700 for equipment rental and co-ownership of the copyright. There was no
written agreement between the two. Client and Adverse Party went to Haiti together, where Client directed
and shot footage. After the footage was shot, Adverse Party informed Client that his superior (“Superior”)
owned the footage. Client then offered via email to grant Superior full ownership of the copyright in
exchange for his standard rate of $4,750. Client received only $2263.66 of this fee. Superior refused to
pay Client his entire standard rate, citing her lack of involvement in the original agreement and the
philanthropic interests of her investors. Superior offered to send Client a written agreement giving him co-
ownership of the copyright but Client never received this agreement. Client seeks legal advice and
assistance regarding accomplishing one of three outcomes: have Superior buy out his stake in the
footage, sign an agreement that formalizes the co-ownership of the copyright and distribution of proceeds,
or assert full control of the copyright.
10885 Client is a for-profit corporation
currently producing an independent film. The film is a documentary that focuses on one of the co-owners of
the corporation, and his experiences with MS. Client is producing the film with funding from a public
broadcast station.
On April 20, 2009, Client hired the Adverse Party (AP) as a Production Manager to work on the film. Client
provided AP with an employment contract, which AP revised and then signed. The contract did not
contain start or end dates, but the Client intended the employment to be a summer job for three months.
Client paid AP for her work in May and June, at the rate specified in the contract. Client experienced
difficulties with AP, who had trouble completing tasks and acted in a verbally abusive manner. On June 19,
2009, Client terminated AP’s employment for breach of contract and unprofessional behavior.
Client recently received a letter from AP’s counsel alleging several legal claims, including breach of
contract, intentional infliction of emotional distress, and copyright infringement. Client was briefly
represented by an attorney, who exchanged two letters with AP concerning the claims, but Client is no
longer represented by that attorney. Client now seeks a volunteer attorney to assist in resolving the
dispute with AP, through negotiation of a settlement, participation in VLA's MediateArt mediation
program, or litigation.
Literary
11037 - On Review Client is a New York
based non-profit tax-exempt organization. Client came to VLA to discuss the status of alleged agreements
made between Client and two universities (A and B). The alleged agreements were made without the
knowledge and approval of Client’s Board of Directors. Client also wanted to discuss the removal of one
or two of the members from the Board of Directors.
Client is concerned about two alleged agreements made by two of their board members and two
universities without Board approval. Client was incompletely informed concerning the Client's implication
in a grant application submitted by University A. Client has no problem in theory with the spirit of the grant.
However, Client is concerned with the financial and logistical commitments that might have been made by
individual members of the board on the part of Client. Client is also concerned because it has received a
request from University B for a letter of support to the surprise of Client's Board of Directors. Client also
believes one or two board members are benefiting personally from the grant.
Client seeks the advice and representation of a pro bono attorney in removing one or two board members
from the organization. Client would also like help redrafting the organization’s bylaws.
10848 Client, a California resident,
compiled, edited and annotated a book and is the sole copyright owner of the work. She entered into a
publishing contract with a publisher (“AP”) in 1993 and the book was published in 1994. The contract
establishes specific royalty arrangements, identifies Client as the copyright holder, establishes her right to
semiannual reports from the AP, plus one additional report a year by request, and states that if the AP fails
to meet payment or reporting requirements, the author may make a written demand. If the AP fails to
respond to the demand within 90 days, the contract terminates and all rights revert back to Client. New
York law governs the contract, which stipulates that disputes shall be resolved through arbitration.
Client has not received payments or statements from AP since 1999. The book is currently available on
online bookseller sites. Based on the information she has gathered, Client believes that the book has
been reprinted and that the AP has entered into several international publishing agreements without
notifying her. Client has not received any payments in connection with these sales. Client sent AP
demand letters in 2002 by mail and email, to which AP has not responded.
Client estimates that she is owed $12,000 under the contract. She seeks to recover her royalties, and,
assuming the contract has been breached and therefore effectively terminated, she seeks to prevent AP
from continuing to sell and profit from
10764 Client, a New York based author,
and Adverse Party are joint authors of a non-fiction manuscript intended to be published as a book. After
the majority of the work was completed, Adverse Party informed Client that the book was to be published
by Adverse Party’s publishing company and was given an agreement to sign. Client initially sought to work
with Adverse Party and negotiate amendments to the proposed agreement, but was refused by Adverse
Party. Adverse Party insisted the agreement had to be signed as drafted and that the intent was to have
Adverse Party’s company publish the work all along. Client did not agree. Adverse Party subsequently
dismissed Client from the project and expressed the intent to move forward with publishing the work
without Client’s involvement.
Client is seeking the assistance of a litigator to help Client assess the viability of any claims Client may
have, including but not limited to, copyright infringement, breach of contract, and possible fraud in the
inducement. Client has attempted to settle with Adverse Party unsuccessfully. Client does not wish to work
with Adverse Party’s company. As an alternative to litigation, Client would be amenable to negotiating a
buy-out of Client’s rights in a settlement on terms that Client deems reasonable.
Mixed
10403 Client was formerly a Board
member of an arts nonprofit organization and she believes she was improperly removed from the
organization's Board of Directors. Client seeks a volunteer attorney to assess this and to answer related
corporate governance questions regarding this matter. Client would also like to discuss the viability of
pursuing a defamation suit against the organization (and/or against individual Board members) and would
like to consider any other possible claims or actions. Client previously consulted with two attorneys who
each thought she could have a strong case for defamation but, because Client could not afford to retain
those attorneys, she seeks a VLA volunteer's assistance with this.
Music
11062 - On Review Artist is a New York
based pianist, singer, and vocal coach. In 2007, a magazine solicited and designed an advertisement for
the Artist’s music business. In 2008, magazine published a book which was available for sale on their
website and at a trade convention,and included Artist’s name and image without her permission. The
magazine used this particular advertisement as an example of how a singer should not market oneself.
Artist seeks legal assistance to pursue a violation of her right of publicity.
11039 - On Review Client is a member of
a two-member band along with the Adverse Party. The band operates under a general partnership
agreement which is governed by New York law and was entered into by Client and Adverse Party in 2005.
Over the last few months, Adverse Party has been behaving erratically. Adverse Party told Client that he is
currently unwilling to perform together with Client. Adverse Party also failed to collect receipts for the
band performances required for the IRS filing which was Adverse Party’s duty as a band member. In
addition, Adverse Party removed part of the band equipment from the band studio, quit his day job and
informed Client that Adverse Party is planning to leave the city. When Client contacted Adverse Party to
resolve the situation and requested mediation, Adverse Party emailed Client and informed him that he no
longer wants to be in the same room as Client nor wants to speak to him. On June 18th 2010, Client
presented Adverse Party with a termination agreement that Adverse Party refused to sign. The assets of
the partnership consist of approximately $5 000. The partnership also possesses about $1 000 worth of
merchandise. Client seeks legal assistance in dissolving the partnership through judicial decree.
11027 - On Review ***MEDIATION
CASE***
Artists (Party 1) are members of a band that recently recorded and produced its own album. Party 1 paid
three-thousand dollars for one thousand copies from a CD printing company (Party 2). Party 1 is
dissatisfied with the result, which it claims does not meet its specifications. Party 1 is unable to use the
final product and would like to get their money back from Party 2.
Party 1 seeks mediators to help them negotiate a settlement with Party 2. If Party 1 is unable to resolve
this dispute through mediation, it will file a claim in small claims court.
11012 Client, a New York based film
student, allowed Artist to use her credit card to fund his band’s Australian tour in 2008. Artist agreed to
spend a certain amount and fully reimburse Client. Artist charged more than the agreed upon amount and
has not fully reimbursed Client. As a result, Client has incurred financial penalties for going over her credit
limit, she has accrued debt, and her APR went up. Client seeks legal representation to discuss available
remedies including, but not limited to, pursuing adverse party in litigation relating to financial
reimbursement.
10980 - On Review Client sued ASCAP in
the S.D.N.Y. seeking credit and royalties for a song that ASCAP is wrongfully paying to a world-
renowned band. In a previous case, Client obtained settlements from other entities noting that he is the
rightful owner of the song. Client is a member of BMI. Client seeks legal representation to assist him by
either amending his complaint or to assist him by contacting BMI to pursue legal or non-legal options.
10953 - On Review Client signed a
recording agreement with a record company in 1995. In 1999, the record company was sold to another
party. Since that time, he has not received any royalty statements. A volunteer attorney was previously
assigned to his case. The attorney sent a letter requesting a royalty statement on November 25, 2009, and
again on January 15, 2010. On January 19, 2010, the record company responded, stating that royalty
statements will not be supplied because royalties accrued were less than unrecouped costs. The record
company added that the client’s CDs, currently housed in the record company’s warehouse, will soon be
destroyed if the client does not contact the record company. The attorney subsequently sent two more
letters to the record company, dated January 28, 2010 and March 8, 2010, stating that royalty statements
are contractually required regardless of the amount of royalties accrued. No response from the record
company has been received. Because litigation is beyond the scope of the volunteer attorney’s
commitment, the client now seeks a new volunteer attorney to attempt to settle this matter or to litigate if
necessary.
Theater
11040 Client entered into an agreement
with a New York Real Estate Developer (Adverse Party) to acquire, restore and lease a Broadway theatre.
The signed agreement provided that the Real Estate Developer would not talk to other parties during the
negotiation and that Client would have the exclusive rights to lease the property. However, Adverse Party
then entered into a deal with another real estate developer. Client then sued Adverse Party in the New
York Supreme Court. The court granted summary judgment for Adverse Party. Client sought pro bono
representation to appeal the summary judgment decision, but was unable to secure this pro bono
representation before the appeal deadline.
Client now seeks the advice of an attorney to determine whether there is a valid meritorious fraud claim
that can be brought related to the original suit. Discovery of alleged fraudulent misrepresentation was
made during depositions in December 2005. These fraudulent misrepresentations during depositions led
Client to attempt to find a new way to bring a claim against Adverse Party. Client requires a pro bono
attorney in order to determine what legal recourse, if any, is still possible.
10975 Client is a New York based writer
and performer. Client co-wrote a play with ten other individuals. Under the terms of the collaboration Client
was entitled to a royalty of 3% for her contribution to the script. The contract did not specify the amount
from which the 3% would be derived. The contract stated that Client was not entitled to any monies, other
than the specified 3% script fee, for any production or usage of the script unless she participated in
another artistic capacity. Client performed in the play for a year without compensation. Due to personal
circumstances, Client was no longer able to perform. Client found a replacement for her role. The play
went on tour without her but continued to use the monologue she wrote and her name, likeness, and voice
in advertisements without her permission. The play has generated approximately $6,000 since Client
stopped performing. Of that amount client has been offered $18.00 for her contributions. Client seeks
legal representation to negotiate the terms of the collaboration, exit agreement, and to obtain just
compensation for the use of her written material and persona.
10745 Client is a director and playwright
who is creating a musical based on the unauthorized biography of a recently deceased celebrity. Client is
writing the script and collaborating with a lyricist, who has also referred a composer for the musical. Client
intends to execute an option agreement, which has yet to be drafted, that would confer him the rights to
use the book as a basis for his screenplay musical. Client seeks attorney assistance to assess the
potential liabilities he may face in undergoing this project or causes of action, if any, that celebrity's estate
might have against him if he continues with the screenplay and production of the musical.
Visual
11184*** Client is a professional
photographer, solely incorporated. He created a photographic piece that was on display in the lobby of a
residential building in Bushwick that is home to many artists. Its lobby is frequently used to exhibit artwork.
The Client's work was on display there as part of an exhibit for the Bushwick Open Studios show. A tenant
of the building had repeatedly asked the landlord to take down the photograph. He never did and so she
took it down herself, ruining it in the process. According to the Client, the photograph is worth $7,200. He
sent a letter to both the landlord and the tenant offering to settle the matter for $1,800, but they have
refused. Client seeks an attorney to help him evaluate any potential claims, including trespass to chattel or
VARA claims he may have against the landlord and/or the tenant.
11108 Artist is a Connecticut-based artist
who paints 18th and 19th century-style portraits of dogs. Ebay recently sold a set of eight Malawi stamps
that are exact copies of eight original paintings posted on Artist’s website. Artist seeks an attorney to help
her identify the adverse party in this case. Then, Artist seeks assistance contacting the adverse party to
request compensation for use of Artist’s work or negotiate a licensing agreement. If the adverse party will
not cooperate, Artist may want to file a copyright infringement claim against the adverse party.
11097 Client is a New York based
documentary filmmaker. In 1967 he created a documentary film capturing the feel of Vietnam protests and
the social movements in New York City. Client submitted one copy of a 7 minute film in 1967 to Adverse
Party, a Not for Profit archive and distributor of independent films. Client no longer has a written copy of
the agreement he had entered into with Adverse Party but remembers that he was supposed to receive
50% of what Adverse Party received in rental fees. Client contacted Adverse Party for the first ten years
but they claimed the film had not been rented. In 2009, Client discovered that the film had been exhibited
at several museums and galleries worldwide. Client contacted Adverse Party and asked for the payment
of royalties. Adverse Party provided Client with a lump sum payment of $950. Client does not believe he
has been fully compensated for the use of his film. In particular, Adverse Party did not compensate Client
for the exhibition of the film at the Whitney Museum in 2007. Client sent a letter requesting an accounting
of rentals for the film. Adverse Party never responded to this letter. Client now seeks the assistance of a
pro bono attorney in order to request a statement of accounting and request potential royalty
payments.
11043 Artist is a young Brooklyn-based
painter whose abstract paintings have been displayed and sold across the United States and abroad. A
Berlin, Germany, gallery with a branch in Miami sold three of Artist’s paintings last year and has not yet
paid Artist, in violation of the signed consignment agreement. Artist seeks an attorney to contact the
gallery on his behalf and, if necessary, file a complaint against the gallery in Florida court. Artist seeks a
Florida-barred attorney or, alternatively, a New York-barred attorney with a Florida-barred colleague can
assist as co-counsel.
11038 - On Review Artists are a Miami-
based pair of Cuban artists. They use recycled materials to create contemporary art that has been
exhibited throughout the United States and Europe. A Brooklyn-based gallery has filed a complaint
against Artists in Kings County Supreme Court for Breach of Contract and Fraud. Artists seek an attorney
to verify the status of the case filed against them in Kings County Supreme Court and, if necessary, to
represent them in this matter.
10941 - On Review Client is a New York
based architect and is actively involved in preservation of historical buildings in Connecticut. Recently, he
participated in an exhibit on modern architecture in Connecticut organized by the local historical society
(“AP”), where he presented over 100 photographs depicting modern buildings in the community. Client
has registered all his photographs with the US Copyright Office before the exhibition. After the end of
exhibition, AP refuses to return Client’s photographs, claiming ownership over the photographs. There is
no written agreement between the parties and there was no understanding to the effect that the
photographs should become AP’s property. Instead, there is an email exchange confirming Client’s
ownership over the photographs. Client seeks an attorney to negotiate with AP the return of his
photographs, and if not successful, to pursue litigation.
10932 - On Review Client is a New York
based visual artist. In 2005 he entered into a consignment agreement with an art gallery ("AP") in Los
Angeles. Under the agreement, AP committed to pay a monthly stipend to Client in return for obtaining the
right to present and sell Client's artworks. After AP defaulted on its payment obligation, Client requested
the return of his artworks. AP is disputing the balance owed to Client and refuses to return his artworks.
Client seeks an attorney to negotiate with AP the return of his artworks and the payment of the outstanding
balance.
10930 - On Review *MEDIATION CASE*
Client, a New York based fine artist, entered into an oral agreement with Adverse Party (AP) to paint a
picture of AP’s granddaughter for $5.000. AP paid 50% by check prior to work and the remaining 50% by
cash after completion and delivery of the painting. AP now alleges that Client did not complete the painting
to AP’s satisfaction and that Client fraudulently induced AP to entering into the oral agreement with her.
AP sued Client in the Small Claims Court in New York. The hearing is scheduled for May 27, 2010.
Client seeks an attorney to mediate with AP in order to avoid litigation.
10917 Client is a Texas-based visual
artist who consigned a number of works for sale to a Texas gallery in 2008 and 2009. Client believes the
artworks were sold and that gallery collected the proceeds of the sales, but Client has only received a very
small percentage of sale proceeds. Client seeks the advice and representation of a pro bono attorney
admitted to practice in Texas to collect monies owed to him and/or recover any unsold, remaining
works.
Employment - Back to
Top
Mixed
10864 Client is a visual artist with an
architectural background currently working in New York under a work visa sponsored by an LLC owned by
Adverse Party. Adverse Party has been Client's sponsor since July 2008 and her anticipated period of
employment is through July 2011. In 2008, Client and Adverse Party began working together on a project
that offers guided art and architecture tours to various art and architectural highlights in New York City for
groups who are mostly from Europe. The tours are led by her and her business "partner," trained
architects and artists, and are offered in both English and German. Client seeks assistance in clarifying her
business relationship with Adverse Party, other options of how to structure this project, and assistance
with drafting and reviewing the service agreements that will be given to customers of the guided tours.
Visual
10863 Client was fired from his job at an
arts company. He received no written explanation for his dismissal. His former employer agreed to pay
him for twelve weeks following his termination. There was no written agreement; however, Client has e-
mail correspondence confirming the agreement. In the meantime, Client filed for unemployment. There
was no clear agreement that Client would not file for unemployment; however, upon filing, the company
rescinded their offer for payments and asked that he withdraw his unemployment filing. Client has since
demanded payments; however, he has not received a response from his former employer. He needs a
lawyer to advise him on his options.
First Amendment - Back to Top
Visual
11014 Client is a New York based visual
artist who creates public and interactive pieces of art. A New York based museum commissioned him in
2008 to create a community-interactive public art project involving a modified pushcart selling shaved-ice.
The project has been exhibited in various galleries and museums and Client has performed it on the
streets. Client has future plans to perform this project in another gallery and in the local community. Client
seeks legal advice regarding what legal requirements he must comply with in order to make his pushcart
and sale of shaved-ice legal for the streets of New York and if the fact that he is presenting it as art rather
than a regular vending cart changes these requirements. Elena M. Paul of Volunteer Lawyers for the Arts
will remain involved with this case as co-counsel.
Immigration - Back to
Top
Film/TV
11105 Client is an aspiring documentary
filmmaker from Nepal who has been in New York for the past two years attending film school and interning
with award-winning filmmakers. Client currently has an F1 Student Visa which expires near the end of
2010. She would like an attorney’s assistance with filing for an 01 Visa so that she may continue to live
and work in New York.
Music
11050 Client is a New York based music
producer and DJ. Client drafted a management agreement with a musician who does not have a visa to
work in the United States. Client seeks legal advice regarding editing the management agreement in
order to ensure that his rights are protected and that the musician’s lack of a visa does not invalidate the
contract.
10955 *URGENT*
An Argentine vocalist and composer is seeking immediate assistance reapplying for a 01 Artist Visa
(Artist Visa). Her current Artist Visa expires in September, and so she must reapply by the end of June.
Artist has lived in the United States for nine years, is familiar with the Artist Visa application process, and
fully expects her reapplication to be approved. Artist is beginning to fill out the application on her own
(including creating a portfolio) and would like an immigration attorney to review the application before
submission. Additionally, Artist would like assistance applying for a Greencard after applying for the Artist
Visa. However, the Greencard application is not urgent.
Nonprofit Start-up - Back to Top
Mixed
11119 - On Review Client is a New York
based educational organization that is seeking to incorporate and obtain its federal and state tax-exempt
status. The teen student-developed and directed nonprofit corporation will teach inner city students about
government functioning and civic values through performing as Congressmen and town hall participants.
The organization will assign students roles and the students will research their roles’ beliefs and will
perform as that role. The organization will also have workshops and lesson plans to educate students on
government and current events. Client has recently received positive press in the Daily News and on local
radio station shows. Client seeks a pro bono attorney to assist in incorporating as a nonprofit corporation,
as well as obtaining its federal and state tax-exempt status.
11112 - On Review Client, a collaboration
of culinary professionals, is interested in establishing a New York based nonprofit to promote healthy and
responsible eating habits. Drawing on the expertise of culinary professionals, the nonprofit will create a
variety of programming that will be used in classrooms, cafeterias, and kitchens, and provide people with
the knowledge and skills to make nutritious and delicious food choices. Organization anticipates that
lobbying may be one aspect of the activities it may want to consider as part of its role. As a result, Client
would like to obtain specific information about the limitations and rules regarding lobbying in case it wishes
to engage in that activity at some future point. Client seeks a pro bono attorney to assist in incorporating
as a nonprofit corporation, as well as obtaining its federal and state tax-exempt status. VLA’s Executive
Director, Elena M. Paul, will stay on the matter as a co-counsel.
11067 - On Review Clients are interested
in starting a nonprofit to promote healthy eating habits to school aged children in New York City. Through
the use of an innovative food curriculum developed by a coalition of professional chefs, nutritionists, school
teachers, and parents, students will learn how to prepare healthy food and develop healthy eating habits
that can be applied in and outside of the classroom. Although the program will be launched in New York
City, Clients hope to expand nationally.
Clients seeks legal assistance to set up a 501(c)(3). Additionally, Clients are also interested in seeking
trademark protection for their organization. Clients would like an attorney to advise them on how to license
and or establish their nonprofit in other states. Clients may also need an attorney to draft licensing
agreements for the use of the graphic images contained in their logo.
10769 Client seeks the assistance of an
attorney for not-for-profit incorporation and application for federal and state tax-exempt status. The
purpose of the not-for-profit is the education and promotion of East Asian calligraphy.
10749 Client is a law professor who
needs an attorney to assist in not-for-profit incorporation and 501(c)(3) tax-exempt status application. The
purpose of the not-for-profit is to defend freedom of inquiry and publication by defeating censorship by
human subjects regulations and IRBs. Client hopes to achieve the organization’s purpose through
education and at a later time, litigation.
Elena M. Paul, VLA Executive Director, will stay on as co-counsel.
Music
11006 - On Review Client is a New York
based arts organization that is seeking to incorporate and obtain its federal and state tax-exempt status.
The nonprofit corporation will be based in New York and do business in the New York and New Jersey
metropolitan area. The corporation will foster participation in and social change through music. It will
provide music training to individuals ranging from children to adults and offer performances by an
ensemble-in-residence. Client seeks a pro bono attorney to assist in incorporating as a nonprofit
corporation, as well as obtaining its federal and state tax-exempt status.
10638 Client, a pianist and vocal coach
fluent in several languages, seeks the assistance of an attorney to incorporate a New York not-for-profit
organization and to apply for tax-exempt status. Client's organization is dedicated to training young
singers to sing comfortably and expressively in Slavic languages in order to perform neglected opera
pieces in these languages. Client's mission is to bridge the language barriers preventing these
compositions from achieving wider acclaim. Client also seeks assistance looking into trademark issues
surrounding the intended name of Client's organization. A preliminary search has found a foreign book
publisher using the same name as Client intends to use. Client seeks the advice of an attorney in
choosing an appropriate organization name.
Theater
10886 Client is a nonprofit organization
that strives to educate audiences about the past, present, and future of theater. Client’s goal is to
preserve theater by presenting shows from the golden age of theater that are no longer performed. In
addition to making these plays financially accessible to diverse audiences, theatrical plays will benefit
charities that are dedicated to helping theater and theater professionals. Client will also present new
works in theater festivals to support underrepresented actors and playwrights. Client seeks a pro bono
attorney to assist in incorporating as a nonprofit corporation, as well as obtaining its federal and state tax-
exempt status.
10739 Client is a not-for-profit corporation
incorporated in the State of New York. Client’s mission is to create new theatrical plays through a
rigorous development process while also giving younger artists an avenue to experiment with their art.
Client aims to fulfill its mission through workshops, showcases, presentations, lectures and
demonstrations. Client was incorporated in 2008 and recently filed its Form 1023 with the IRS in Summer
2010 but is current without counsel and requires legal assistance to follow through with obtaining Federal
501(c)(3) status, and filing state tax exemption, sales tax exemption, and charity bureau papers.
Visual
10781 Client, a Pennsylvania based
nonprofit organization, is dedicated to the study and appreciation of Collage and its related forms. The
focus of the center is a permanent lending and research collection, as well as an archive and study center
for academic research. Symposia and workshops with distinguished artists, curators and scholars will
facilitate the organization’s educational outreach initiatives. Client seeks a pro bono attorney to assist in
incorporating as a nonprofit corporation, as well as obtaining its federal and state tax-exempt status.
Real Estate - Back to
Top
Visual
11159 - On Review Client, a painter, is a
resident of a rent-stabalized apartment building and women's arts club in New York City. The Club has
been active for the past ninety years. The Client is being evicted from the residence as part of an attempt
to sell the Club.
Client seeks assistance in the pending eviction case filed against her.
Trademark/Patent - Back to Top
Mixed
10979 Artist is a New-York based fashion
designer and writer. Artist is seeking a Trademark attorney to (1) research the appropriate trademark law
governing the default judgment filed against her in Florida District Court; (2) advise her about how she can
continue to use her trademark in the future; (3) contact the opposing party's attorney to discuss a resolution;
and (4) if necessary, appeal the default judgment and/or bring an action against the opposing party. A
Florida barred trademark attorney is preferable, but not necessary if there is no appeal.
10762 Client has created a novel form of
exercise--a strength training program which draws inspiration from yoga, tai-chi, pilates, and ballet. He is
seeking a patent lawyer to discuss his options with regard to patenting various aspects of his method. He
also seeks assistance in securing trademark rights in his services. He would ultimately like to use his
method to change the way physical education is taught in schools.
Music
11046 Client is a New York based
musician who was a guitarist for a popular punk band and currently has his own band. Client attempted to
secure trademark registration for his current band’s name, but was denied registration due to similarities
between his band’s name and that of another well-known band. Both an American and Italian band use
names similar to Client’s band and also use imagery that invoke the Client. Client seeks legal assistance
to pursue trademark litigation against these two bands and to acquire trademark registration.
10621 - On Review Client is a singing
group comprised of three minor siblings, co-managed by their father and uncle. The siblings began
singing at their mother's hospital bedside while she was in a coma after a collision with a drunk driver.
They were heard by others and encouraged to pursue singing as a group. They have been performing
under their group name for two years, and recently placed Top 5 in a nationally televised talent
competition. Client has been booked for live performances throughout the United States and will be
leaving their home in New York in February to travel and perform for about a year. Client seeks a
trademark attorney for advice and representation in trademarking Client's group name and logo and, if
possible, for other related intellectual property advice.
Visual
11172 - On Review*** Client has
developed a recipe and concept for gourmet, handmade marshmallows. His marshmallows are uniquely
designed and come in a variety of flavors. Client seeks an attorney to assist him in trademarking the name
of his company and his logo.