Case List
VLA | 1 East 53rd Street, 6th Floor | New York, NY 10022
(212)
319-ARTS | www.vlany.org
Updated as of Thursday, July 02, 2009, 5:57 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:
for odd-numbered cases, to Alexei Auld, VLA's Director of Legal Services, at aauld@vlany.org; and
for even-numbered cases, to Ben Brandow, VLA's Assistant Director of Legal Services, at bbrandow@vlany.org
Please remember that cases are sometimes unavailable as already on review by another attorney. The
caselist marks these cases as "On Review."
Occasionally, these cases may return to the list if not placed with the reviewing attorney who has 2
weeks to accept or return the case.
As many VLA cases are placed very quickly, we encourage you to include at least two cases (refer to
cases by their four-digit case number) in your case requests. This way, we can get a sense of the type
of case you're looking for and can keep this in mind as new cases come into VLA and as cases on
review may return to the list for placement.
Who We Serve
VLA serves low income and indigent artists and nonprofit arts and cultural organizations in every
imaginable discipline. For example, theater, dance, fashion, the visual arts, performance, music,
journalism, crafts, textiles, architecture, film, design, literature, and poetry are only a few of the artistic
disciplines we service. Whether artists are looking to start a nonprofit dance company, copyright their
manuscript or produce an independent film, VLA is available to assist them. Before cases are placed on
this list, VLA meets with the applicant for pro bono services to confirm that they meet VLA’s financial and
substantive guidelines. A copy of our financial and substantive qualification guidelines is available upon
your request.
Table of Contents
Advocacy
Bankruptcy
Contract
Copyright
Corporate
Dispute/Litigation/Negotiation
Employment
Immigration
Nonprofit Start-up
Real Estate
Trademark/Patent
Wills, Trusts or Estates
- Back to Top
Music
10134*** The client is a musician seeking
assistance because he has not received any royalties for his work. Client was part of a popular
documentary featuring local street musicians. He initially received $1,000 in addition to royalties of $.05 per
song. His employer then moved away without providing future royalties. Client was able to locate his
employer but his phone calls have never been returned. The client has created two albums that are being
sold online and he is seeking advice on collecting royalties. The contract was signed in New York but
contains a California choice-of-law provision.
Theater
10133*** The client is a New York non-
profit corporation which produces live theater productions. Client has not been active for at least five
years; client seeks VLA's assistance in the dissolution of the non-profit corporation.
Advocacy - Back to Top
Mixed
10040 - On Review*** On November 14,
2008, the FCC released Report and Order, Docket 08-620, which allows unlicensed TV band radio
transmitting devises to operate in unused "white spaces" in the broadcast spectrum. Client, a national
coalition of performing arts organizations, is concerned that unlicensed radio transmitting devices operating
in white spaces will have a deleterious effect upon the operation of wireless microphone technology that
is commonly used in dance, music, opera, orchestra and theatre productions. Client seeks counsel to
explain how the ruling affects performing arts organizations and the possibility of representation before the
FCC in order to urge testing of new devices to preserve use of wireless microphones in productions
without interference, and to gain recognition for the legitimate use of wireless microphones in the
performing arts.
Bankruptcy - Back to Top
Film/TV
9806 Client owns a NY state LLC that
serves arts nonprofit organizations. She is ready to file for bankruptcy, but has questions regarding
whether to file for Chapter 7 or Chapter 11.
Contract - Back to Top
Dance
10188*** Client, a New York tax-exempt
non-profit corporation, seeks legal assistance drafting a contract with a film director for a short
documentary film project. The film will be based on the life of a deceased dancer and will use existing
footage as well as new footage to be shot by the director.
10117 - On Review*** Client is seeking legal
representation in connection with publishing dance performances from the '50s - '80s. Client has been
publishing said dance performances since at least one year. She has an existing contract with a licensee,
who in turn has a licensing contract with the rightsholder. Due to a material breach of contract, the
aforementioned licensing contract will be canceled by the rightsholder. As a consequence, client wants to
cancel her contract with the licensee; she is seeking legal assistance with such cancellation. In addition,
client is seeking legal representation for entering into a contract with the actual rightsholder for this existing
DVD series, as well as for the creation of a new DVD series, based on additional tapes client and
rightsholder have been reviewing together.
Film/TV
10209*** Client is the writer and executive
producer of a television series dedicated to rescuing shelter animals and finding them loving homes.
Adverse Party, a production company in Los Angeles, is interested in partnering up with her and pitching
Client's show to television executives. Client seeks the assistance of an attorney in reviewing Client's
confidentiality agreement with Adverse Party.
10205*** Client is the writer and executive
producer of a television series dedicated to rescuing shelter animals and finding them loving homes.
Adverse Party, a production company in Los Angeles, is interested in producing Client's television series.
Client seeks the assistance of an attorney in drafting a production contract with Adverse Party.
10153*** A prior VLA volunteer attorney
assisted the Client with her business and patent issues but since terminated the representation since the
attorney did not have knowledge of securities law. Client now seeks the assistance of an attorney that is
familiar with securities law. Client is a New York based documentary film maker. She is working on a full-
length documentary which examines human ecology and creativity. It will examine creativity by looking at
the history of our education system to find reason for current society ideologies. Through interview and
conversation, the film seeks to pinpoint where inefficiencies of human potential lies and ways to achieve a
global renaissance for the 21st century. Client has several potential investors and needs to have a
contract drafted for her film's investors.
10148 - On Review*** Client is a New York
based film company. Client has co-developed a project with one other person and filmed a trailer for the
project. Client plans to turn the script into a feature length film when completed. Client needs legal
assistance for the following matters: (1) A release from the co-author, who is no longer involved with the
project, giving Client exclusive ownership and/or administration over the project that also covers the issue
of compensation and credit; (2) Work-for-hire contract for the writer Client plans to engage for the project
transferring all rights, title and interest to Client; (3) Copyright registration of all the underlying properties
related to the project, including the trailer. VLA's Executive Director, Elena M. Paul, Esq., is available for co-
representation on this matter.
10089 - On Review*** Client is a New York
City based filmmaker. She has reached an agreement to purchase an original screenplay from a writer
who is not a member of the Writer's Guild of America and seeks legal representation to draft the
option/purchase agreement.
10058*** Client is seeking legal assistance
with regard to drafting a Product Placement Agreement.
Client is the creator and executive producer of a reality show. The reality show he created is about
homeless people living in New York City. He wants to document their lives in shelters, bridges, and on the
streets. The reality show will provide counseling, temporary housing, and career training, and what
effects this support has on the contestants' lives. By the end of the show, the contestants will hopefully
be independent enough to get their lives back together. Client is already lined up with a production
company and has a manager.
10005*** Client is writing a screenplay
about a current high-profile murder case. The accused has been indicted for killing a family member and
will be tried in court in the near future. The case has been covered by news programs and is considered
a high-profile case. Client has already received oral permission from the accused to write a screenplay
and produce a movie based on the story.
Client seeks legal representation to help draft release forms and obtain releases from all individuals that are
involved in the plot of the screenplay.
9937*** Client is a New York-based singer-
songwriter. She and two friends ("Adverse Parties") are in the formative stages of producing a
documentary about Client's life and music career with a focus on Client's survival of an accident in which
she lost her leg. A trailer for the documentary already exists. Adverse Parties are experienced in the film
industry; one of them was recently involved in casting for a major film. Client seeks the advice and counsel
of a pro bono attorney to draft initial agreements with Adverse Parties.
Literary
10174*** Client, author of the self-published
novel, was contacted by Adverse Party ("AP"), a film producer. AP presented Client with a Consent and
Release Agreement stating that he would compensate Client in exchange for her assigning all film rights in
her novel to him. Client requires a Spanish-speaking attorney, as it is her native language and she does not
speak English. Client seeks assistance in drafting a written contract assigning her film rights in the novel
to AP that is favorable to her position. Client also requires assistance in ensuring that no contractual
obligations were formed between her and any parties that were hired to assist in her self-publication. In
addition, she needs help in determining whether her novel was properly registered with the Copyright
Office.
10077*** Client is a writer who would like to
develop a project about a living individual, possibly an adapting a biographical book about the person that
has a co-author. The Corporate Adverse Party had rights to create an original work based upon the book
but the deal has since fallen through. Client does not believe that Adverse Party retains any rights that
would impair her ability to create an adaptation but is unsure if any other agreements about the book or
subject's life-rights exist. Client seeks representation to ensure the project has the necessary rights of
privacy and publicity available to move forward.
9960 - On Review*** Client is a writer and
publisher of children's books illustrated by children affiliated with various non-profit institutions. The books
are available electronically (an iPhone application is in development) and by print on demand. Client
donates a portion of her book revenue (usually 10%) to non-profit organizations - often the organization
affiliated with the child illustrators. This donation is in lieu of payment to the non-profit or to the children lf
their illustrations. Client seeks the advice and counsel of a pro bono attorney to review the standard
release given to parents of the minor illustrators and to draft an agreement between Client and the non-
profits affiliated with the child illustrators; she wishes to acquire all rights to the illustrations and establish
the parameters of the 10% donation.
9924*** Client is an author who wrote a
book based on a singer's life. He has now adapted his book into a musical and written an original score for
the stage. Client would like an attorney to assess the legality of the show and whether the singer's estate
will have grounds to bring suit.
Mixed
10206*** Client seeks representation in
connection with a service and equipment agreement for booths and related services for client's upcoming
art fair in Miami Beach in December 2009.
Music
10208*** Client, a New Jersey based
musician, has been presented with a contract from a music publisher. Client seeks the assistance of an
attorney to review the contract and help Client make any necessary changes to the document. Client has
requested that the volunteer attorney have experience with music law and, ideally, be familiar with New
Jersey and California law or be admitted to practice in those states.
10193 - On Review*** Client is an opera
singer who has performed in numerous productions worldwide. Client had a contract with an opera
production company for a performance in Bali. The opera production company cancelled the production
and has not paid Client for Client's time. Client has turned down other job opportunities in anticipation of this
performance and seeks the assistance of an attorney in going through the arbitration process with the
opera production company.
10144 - On Review*** Client signed a
recording agreement with a record company in 1995. He was kept well-informed with regard to all steps
that were being taken to market and sell his music. In 1999, the record company was sold to another
party. Since that time, he has not received any statements or notification in reference to royalties and
sales of his work. He has discovered that it is available on iTunes, would like to know what rights he has
pursuant to the original agreement, and seeks attorney assistance to help achieve resolution.
10032*** Clients are co-directors of a
Dominican folklore music ensemble which has been working together for two years. The ensemble has
been approached by a nonprofit organization to record two songs for use in an album showcasing
traditional Dominican music. Clients seek an attorney to assist in drafting and negotiating an agreement
with the NFP. The NFP offered a contract to them that doesn't reflect the client's understanding of the
project. Although they'd like to work with the NFP they need help getting clarity about the roles and
responsibilities of each party. Clients also request a spanish speaking attorney.
9976 - On Review*** Client is a New York-
based singer who recorded a derivative version of a song that is now in the public domain. Client
collaborated with a friend ("Adverse Party") to produce the song. Client and Adverse Party also
collaborated with a pianist in creating the song. Client seeks the advice and counsel of a pro bono attorney
to draft an agreement between Client and Adverse Party that memorializes their partnership and
establishes their ownership rights in the work. Client also seeks assistance in drafting a release of
ownership rights that may be given to the pianist and any future collaborators.
9707 Client is a singer and song-writer
based in New York. Client, with the assistance of two producers, created a song inspired by a poem Client
wrote. Once the song was completed, Client registered the copyright with the copyright office. The
producers then contracted with a record label to distribute the song. Client was told that the label would
pay them $1,500 in publishing royalties. The producers drafted a document, which they termed a split-
sheet, that stated the money would be divided three ways. Client signed the split-sheet, but neither saw
nor signed a publishing contract with the record label.
A few months later, Client was informed by friends that a British house music production team was
distributing her song both in Europe and in the United States. The team remixed the background music, but
kept her vocals on the track.
Client would like to receive credit for her song. Her name is not mentioned in the liner notes of the team's
CD. Client also needs assistance with filing suit for unpaid royalties.
Theater
10190*** Client is a Staten Island based
nonprofit theatre company. Client has commissioned a playwright to create a project based on the life and
work of a deceased artist. Clients seeks the assistance of an attorney to draft a work-for-hire contract
between Client and the playwright that includes options to present and/or transfer, royalties and other
relevant terms. Client also seeks assistance in drafting a contract between Client, the museum and the
historical society that possess the effects of the deceased artists (and subject matter of the proposed
play) granting Client access to these effects. Client has been given verbal permission to access the
effects by the museum and historical society.
10007*** Client wrote a documentary-style
musical about a musician that uses songs from a well-known band. Client will not be using recordings of
the songs, but rather actors will be performing the songs. Client seeks legal help in determining whether he
needs to obtain rights to do this project, and if so who client needs to obtain the rights from. If rights need
to be obtained, client seeks help in obtaining these rights.
9994*** Client is an actor, playwright and
director who seeks advice related to an adapted play he directed and co-wrote. There appears to be no
dispute about Client's contributions to the play. Client's issues arise from a contractual agreement between
Client and a theater group (Adverse Party) that stipulated Client's right of first refusal for any future
productions of the play. Subsequently, Adverse Party is co-producing the play with another theater group
and is making use of Client's original works without permission. As a result, Client seeks advice to address
the contractual and copyright issues that arise from this unauthorized use.
9930*** Client is a playwright and director
from Los Angeles, California. Together with her partner, she recently co-wrote and co-directed a play.
Client and Client's partner entered into negotiations with a theater in Rochester, New York for the theater to
stage the play. The negotiations eventually broke down before the parties could reach an agreement.
However, the theater continues to perform the play and has not paid out royalties to either Client or Client's
partner.
Client seeks an attorney to represent Client regarding the unauthorized performance of the play.
Visual
10198*** Client, a NY based designer,
seeks legal assistance to draft an agreement licensing usage of one of her designs, an iron guard that
protects young urban trees, to a NY organization. Client would like to donate the use of the design to the
organization, but wishes to draft an agreement protecting her rights in, and control of, the design.
10092*** Client is a painter who is seeking
payment from a gallery (Adverse Party) for paintings sold. Client was informed by Adverse Party that it
plans to file for bankruptcy. Client has been received two payments totaling $1500 from the last six
months but is owed the remaining $7,250 from previous sales of his artwork. Client had no written
agreement with Adverse Party but has emails and payments that support his understanding of a
consignment arrangement with the gallery to receive 50% of all proceeds from sale of his art.
9965 - On Review*** Client is an
international photojournalist who recently discovered that some video footage taken in Chechnya has been
used without Client's permission in a film that has already been shown at film festivals and sold in two
foreign countries. The filmmakers ("Adverse Parties") claim that they found the footage in a documentary
produced by a large news corporation and were laboring under the assumption that the footage was in the
public domain. Client had licensed the footage to the news corporation for one-time use in 1994. Client is
well-acquainted with the filmmakers and seeks a video usage contract that will ensure compensation and
accord Client credit.
Copyright - Back to Top
Film/TV
10186 - On Review*** Client, a
screenwriter, wrote a screenplay involving characters from a foreign culture. As part of her research,
Client interviewed Adverse Party ("AP"), a hip-hop producer, to receive some broad anecdotes. Despite
the lack of any discussion regarding co-authoring the script with AP, Client received a letter from AP and
his music production company containing a list of recitations and requesting that Client sign and
acknowledge that AP is a co-author. Client seeks assistance in drafting a response letter to AP's
"Proposed Deal Memo." Client also seeks assistance in drafting an agreement between herself and the
actual co-author of the screenplay, in order to delineate their respective rights and memorialize their orally
agreed-upon arrangement.
10132*** Client submitted his ideas for an
elimination talent show to television producers. The client believes a game show was created based on
his unique concepts and format. He has not received any acknowledgement or compensation from the
producers of the show. The client seeks the assistance of an attorney to recover for the use of his
ideas.
Literary
10031*** Client performed a Google search
for her name in 2006 and found, to her surprise, that she was a published poet. Upon researching the
issue, she discovered that in 1996 she had submitted two poems in response a magazine advertisement to
a college student, an adverse party. The advertisement solicited poems for publication. Since that time,
the college student found a publisher, who is another adverse party, and the book was published in 1999
and was republished in 2002. Client had no further contact with the student. Client has had a copyright on
the poems since 1993 and one of the poems had won a national award before it was submitted in
response to the advertisement. A cease and desist letter has been sent by another attorney.
Client seeks attorney to represent her in a copyright infringement lawsuit against the adverse parties.
9995*** Client is currently in the process of
writing a play that is a parody of a popular movie. The play is written from the perspective of one of the
minor characters of the movie. He would also like to incorporate short couple-minute clips from the movie
into the show. Although Client has substantially altered his characters, because he would like to reference
the movie, he is unsure about whether he is infringing on the movie's copyright. The screenplay to the
movie may be in the public domain due to an error/lapse in copyright.
Client needs assistance in laying out his options and risk factors, researching whether the movie
screenplay is in the public domain, and working on getting permission to use any copyright protected
material.
9667 Client is a writer and illustrator. Client
claims that a bestselling book has infringed on his copyright by copying certain designs and illustrations from
his book.
Mixed
10187*** Client is a New York based
multimedia artist who has created a concept for an educational children's television show. Client has
created characters for his show, some of which are based on celebrities, movies and plays. Client has
also created original music for the show. Client would like to move forward with the project and present
the project to focus groups and begin applying for educational grants. Client seeks the assistance of an
attorney to provide general research and assistance regarding any copyright, trademark and/or right of
publicity issues that could arise in connection with the characters, songs and/or other elements of the
project.
10175*** Client is a non-profit organization
dedicated to improving architecture and design in the public realm though educational programming which
includes lectures, exhibitions, competitions, and publications. Client would like to digitize art students'
drawings and photographs to create an online archive of historical design materials. The works date back
as far as 1894 but include modern designs and images as well. Client is concerned about potential
copyright issues involved with producing such a database and allowing high-resolution digital images of
students' work to be accessible to the general public. Client seeks the assistance of an attorney in
obtaining copyright clearances for the images to be included in Client's online database, and to draft a
release agreement.
10142 - On Review*** Client is starting a
business designing clothing for cyclists in New York and has the following five issues for which she is
seeking advice/representation. Client is interested in incorporating street symbols into her designs and
seeks the advice of an attorney as to whether she needs permission to incorporate the government
symbols into her designs, or whether they are in the public domain. Client seeks the assistance of an
attorney to prepare a simple letter to the graphic designer who takes the drawings Client creates and
converts them into digital files. Client anticipates selling her clothing in stores and would like a simple
agreement prepared to offer prospective owners about representing her line. Client plans to sell her line
on the street and seeks advice as to whether she must obtain a vendor's permit or whether she is exempt
under the First Amendment as an artist (the government told her she needed a permit, but they may not
have understood her plans). Client also seeks general guidance throughout the U.S. copyright registration
process for her designs.
10106*** Client has questions regarding
copyright registration and protection of content on a website relating to a deceased relative's artwork.
Client also seeks assistance obtaining copyright protection for a stained glass window design and a
potential estate related issue.
Music
10116*** Client's husband, a songwriter
with a few major hits, passed away intestate in 1985. Client has received royalties on her husband's
behalf since then. Owner of Adverse Party, a publishing company, co-wrote many songs with Client's
husband and claims that Adverse Party's name should be listed in place of Client's name as Claimant on
many of their contracts since Adverse Party is the copyright owner. Owner of Adverse Party says that
he doesn't know how/why Client's name was listed on those agreements and that it should be replaced by
Adverse Party's name so that Adverse Party can enter into agreements with third parties unencumbered.
Client wants to know why her name was listed as Claimant on those agreements, whether Owner of
Adverse Party has a valid argument that Client's name should be removed, and whether Client should
agree to remove it.
9913*** Church wishes to copyright choirs
songs which have been written by a songwriter/choir member and performed by choir members. The
representative/choir member expressed concern over the possibility of non-church parties hearing the
songs and performing their own versions. Church seeks attorney to aid in drafting the necessary
contracts between parties.
Theater
10182*** Client believes that a play uses the
central premise of a musical he co-wrote. Client seeks the assistance of an attorney in pursuing a
copyright infringement case against the playwright.
10177*** Client, a NY based actress and
playwright, wrote a one-woman play based on an existing book which chronicles an infamous NY murder
case. She seeks legal assistance to ensure that her work does not infringe on the rights of the book's
author, who is now deceased, or on rights of privacy of other parties portrayed in the play. This is a time
sensitive matter as Client would like to perform the play on August 14th.
10156*** Client has written a one-hour
show as a tribute to an acclaimed poet. Client performs a monologue in which she combines music with
Poet's poetry. Client seeks the assistance of an attorney in determining whether the material she uses is
copyrighted or in the public domain, and in obtaining any necessary licensing for the lyrics and poetry she
incorporates into her show.
Visual
10191*** Client, a jewelry designer, makes
clothing and jewelry using recycled vintage objects. Client designed and created a necklace made from old
zipper teeth in a distinctive design, and posted it for sale through her website and other online stores.
Client received a cease-and-desist letter on behalf of Adverse Party ("AP"), another designer and seller of
jewelry made from zipper teeth, claiming that Client's jewelry designs infringed upon AP's copyrights and
demanding that Client stop selling these items. Client seeks assistance in drafting a response letter to AP,
and may require further assistance in resolving the dispute. This matter is time sensitive, as AP requested
a reply on a timely basis. Client may also require assistance in registering the copyrights for her
jewelry.
Corporate - Back to Top
Film/TV
10135 - On Review*** Clients founded a
feature film production company. They have received several penalty notices from the IRS for late filing of
the partnership return forms. Various penalties have now accrued and neither the partnership nor the
managing partners can cover the amount due. Clients are seeking legal advice and hope to negotiate down
the fees and to protect themselves personally. They suggested the possibility of executing a lien against
the company to satisfy the overdue payments. This issue is relatively time-sensitive; forthcoming deadline
is around July 14th.
9993 - On Review*** A television show
owned by Client, an LLC, has been approached by two possible partners/investors. Client seeks
representation to structure those relationships.
9869 - On Review The client is about to air
an original web series online. The name he is using for the series has already been registered as a
trademark by another party. He is seeking guidance about registering a trademark, and making business
arrangements with his partners in the project.
Mixed
9941*** Client is a performance artist who
would like to form a for-profit company but is currently involved with non-profit projects and has a fiscal
sponsorship. Client's idea for a for-profit company is an artist-exchange program that involves converting
one of her non-profit projects into a for-profit endeavor. Client has concerns about whether this is a
legally viable possibility for her and what, if any, obligations she may have with regard to funds already
raised through the fiscal sponsorship. Client's main concerns are whether she can separate her non-profit
and for-profit projects and identifying her options/obligations for monies raised through fiscal sponsorship
if she forms her new for-profit company.
9773 Client seeks to establish an LLC in
operating his website that involves giving video guitar lessons.
Music
10030*** Clients are co-directors of a
Dominican folklore music ensemble which has been working together for 2 years. Clients now wish to
incorporate the ensemble. Clients seek an attorney to assist in setting up a for profit corporation, help in
identifying and securing assets of the business. They would also like information about trademark,
copyright registration and the business' website. Clients also need assistance with releases and
agreements between the musicians who perform in the ensemble and the company to formalize those
relationships. Clients request a spanish speaking attorney.
Theater
10062 - On Review*** Client is the artistic
director of a theatre company and a member of its Board of Directors. A majority of the Board of Directors
of the company, not including the Client, have been making and implementing decisions without Board
meetings, such as by electronic mail, and representing that such decisions are unanimous Board
decisions.
Visual
10108 - On Review*** Client is a graphic
designer who offers design and graphic services but is also starting a business teaching art classes on a
regular basis. Client seeks the assistance of an attorney to: (1) form the entity of the business; (2)
research and advise about licensing and structuring the entity so as to avoid regulation as a "school" if
possible; (3) drafting agreements for the students; and (4) a simple invoice for design clients.
Dispute/Litigation/Negotiation -
Back to Top
Film/TV
9983*** Client is a New York based film
maker. He was an employee at his prior company from September 2003 to November 2007, during which
time he was promised an equity share in the company as well as reimbursement for certain expenses
incurred. Additionally, while employed at Company Client came up with an idea for a new model of
learning, one component of which was a film he developed while at Company. After Company changed
management, Client had a dispute with Company's new CEO and ultimately left in November 2007. In
spring 2008, Client contacted Company about putting an agreement in writing regarding his use of the prior
film for his upcoming education project. Company offered to make such an agreement if Client agreed to
relinquish claims to an equity stake in Company. Client seeks legal representation in resolving his dispute
with Company over compensation owed from his time as an employee as well as advice about questions
regarding intellectual property rights to his film.
9909*** Client is a filmmaker who worked on
a joint production to create a television pilot with Adverse Party. Client and Adverse Party worked
collaboratively to film and edit the project and share joint copyright ownership. After several months
without progress, Client began to discuss options working with other partners. Client would like to use the
materials to move forward with production but needs Adverse Party to give him copies of their shared
work. Adverse Party has since completed the edits but refuses to allow Client access to any of the
materials in his possession. Client's major concern is of the copyright/property rights he may be able to
assert on the joint work.
Literary
10066*** Client is a Los Angeles based
freelance journalist. She has written cover stories and feature articles for several prominent publications.
In 2007 and 2008 she contracted with a popular hip-hop magazine. These articles were to be
compensated on a per word basis. Despite the publication of these articles, Client has received only partial
compensation. She now seeks legal assistance to collect the remainder of amounts owed her.
Mixed
10204*** Client is the co-creator and co-
editor of a website, on which content contributors blog about specific subject matter. Client signed a
"Working Agreement" with the 2 other co-creators of the website, which Client claims established a
partnership arrangement. Months after the website was launched, the parties were approached by a
literary agent interested in the website's content, who then asked the 3 co-creators to submit a book
proposal. After a dispute over creative differences, the 2 Adverse Partners claimed that there was no
partnership arrangement, sought to go forward on the book proposal without Client, and denied Client
access to shared materials, accounts, and website administration. Client's friend, an attorney, sent a letter
on Client's behalf to the Adverse Parties informing them of the existence of a valid partnership
arrangement. This attorney may be available for assistance with the matter. Client seeks assistance in
reviewing relevant documents to affirm that there is a valid partnership arrangement between the parties.
Client also seeks further representation involved in the resolution of this dispute.
10178*** *** MEDIATION CASE ***
Party 1 was hired as an art director and designer in March 2008 by Party 2 and Party 3, owners of Vain
Magazine. Party 1 was offered $2000 to design Vain Magazine's layout and the parties signed a contract.
Party 1 attended regular meetings, participated in photo shoots, and designed the magazine, logo, and
press kit. Party 1's designs have been in use on Vain Magazine's website, business cards and press
books since July 2008, although the designs are currently being credited to another designer. In December
2008, Party 2 told Party 1 that she would not be paid. Party 1 protested and, in March 2009, Party 2 sent
Party 1 a check for $500. Party 1 and Party 2 have now agreed to mediate this dispute.
10161 - On Review*** Client, a nonprofit
organization, seeks representation in connection with a "slip and fall" complaint filed against it by a woman
claiming an injury sustained by her tripping on a broken sidewalk in front of a building that is subleased, but
not yet occupied, by Client from an agency of the City of New York. The property, at the time, was under
construction. During construction, the property was managed by another agency of the City of New York
who is managing the construction and entered into the construction contracts with the contractor.
Until seeking assistance from VLA, a lawyer who sits on Client's board of directors assisted Client in the
matter and is available to speak to the attorney interested in this case. Client needs assistance as follows:
(1) To determine the current status of the case; (2) To review Client's obligations under its sublease (as
well as the landlord's obligations) as they relate to the complaint; (3) Assistance in defending the claim,
including possibly adding additional defendants to the case such as the general contractor who may have
had some responsibility for the condition of the site where the injury allegedly took place.
10113*** Client, a nonprofit, created a
seminal book for the awareness of inhumane contemporary activities juxtaposed with historic injustice.
Adverse party created an awareness campaign based on the book without Client's consent. Adverse
Party's campaign offended large segments of the population. As a result, Client's book and reputation has
been tarnished. Client has initiated litigation against Adverse party for copyright infringement and seeks
attorney representation.
9997*** Client is a model who has not
received payment for work she did for her modeling agency ("Adverse Party"). The agency has gone out
of business, but to Client's knowledge has not yet filed for bankruptcy. Client seeks the assistance of a
pro bono attorney to collect payment (approximately $8,000) from her former agency.
9942*** Client is a circus performer whose
tight rope and apparatus was stolen by another colleague (Adverse Party) at a facility in California. Client
is a New York-based performer and Adverse Party was last known to be located in Boston. Client filed a
police report but has received no response from the police or Adverse Party. It is does not appear to be in
dispute that Adverse Party took the apparatus. Client seeks to reclaim her property or recoup damages for
her loss.
9890 - On Review Client is a New York
based jewelry designer. Client signed a contract to create several jewelry pieces for an independent film.
Client was to receive a minimal fee and credit for her work in the film. Client was not given credit in the film
itself or on the dvd. When client complained, the producer said she would be unable to change the credits
on the film, but promised to give client credit on imdb.com. Credit was put on imdb.com, but was recently
taken down. The film was just nominated for an Academy Award. The producer subsequently gave Client
a job designing jewelry pieces on another film and contracted to give Client a fee and credit on the second
film. The second film just premiered at a film festival, but Client's information has not been placed on
imdb.com. Client is hoping to receive the credit she was promised or some other compensation.
9724 Client is a Brooklyn based non-for-
profit organization. Recently, the organization has been beset by financial problems that threaten its
continued existence, and possibly expose its board members to legal liability.
Client authorized one its board members to procure a corporate credit account on behalf of the
organization. The accounts were improperly secured under the name and social security number of a
private individual as opposed to the corporate entity. Ultimately, Client was unable to recoup its credit
expenditures and is now in default on its obligations, a burden which falls legally on that single board
member. Client seeks counsel on two issues: first, should the organization declare bankruptcy, and,
second, should this board member sue the organization, to what extent are other individual board members
indemnified?
Music
9847 Client, a musician, seeks a volunteer
attorney to help him assess his claims against Producer, a former business partner, and three Record
Companies (mostly based in Chicago). Client seeks to sue these parties based on breach of contract
and/or copyright infringement of two of his songs, as well as other possible causes of action. Client also
seeks the volunteer attorney's assistance in getting the Harry Fox Agency and Nielsen SoundScan to be
more cooperative in helping Client track the record sales and airplay of his two songs, much of which is
online.
9216 - On Review Client is a producer and
writer of hip-hop music. In April 2006, he signed a distribution agreement with adverse party. Over the
course of the following year, he released two albums through adverse party. However, client became
suspicious of adverse party's business practices when he requested and received accounting statements
which were incomplete, contained unexplained charges and credits, and showed him owing adverse
party money. As a result of this, client told adverse party not to distribute his third record release pending
a discussion and resolution of RR's accounting practices. Nevertheless, adverse party released the third
album a month later without telling client. Client seeks representation to review his contract with adverse
party with respect to his termination rights and obligations, procure a revised, clear accounting statement
from adverse party, and potentially stop them from further distributing his third release and recover any
profits owed to him under his contract with adverse party.
Theater
10059*** Client, a nonprofit organization,
entered into a contract with a New York City Real Estate Developer to acquire, restore, and operate a
Broadway theater. The signed contract 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, the real estate developer then entered into a deal with another real estate developer who would
not honor the prior agreement with client.
Client then sued the real estate developer in New York Supreme Court. The court granted summary
judgment for the defendants. Client is now looking for legal representation to appeal the summary judgment
decision. The court set a filing deadline for July 13, 2009.
Visual
10189*** Client, a NY based model, seeks
legal assistance in settling a dispute with Adverse Party, the owner of a modeling agency. Client asserts
that Adverse Party, owes her money for a job. Client asserts that the money for the job was paid to the
agency, but that Adverse Party has yet to remit the payment to Client.
10105 - On Review*** Client signed an
agreement to shoot a series of interviews in Darfur for a period of 7 weeks. A few days before her trip,
the project was cancelled. Client has turned down other projects and has subleased her apartment. Client
seeks assistance to file a claim for breach of contract.
10104 - On Review*** Client is a
photographer who was hired to take photographs for the adverse party's business. Adverse party has not
paid client the agreed upon compensation, but has continued to use the photographs on the adverse
party's website and has repeatedly noted to client that payment is forthcoming.
10102*** Client has entered into an oral
agreement with Adverse Party to develop, direct, produce and edit webseries that will be financed by
Adverse Party. After 7 days of commencement of the filming, Adverse Party decided to stop the project
and asked to recover the master tape and any copies of the series possessed by Client. On March 24
2009 Client received a warning letter from the attorney of Advance Party requiring to deliver the tapes.
Client needs assistance to defend her ownership in the tapes.
10067*** Client is a not-for-profit
organization that focuses on research in the areas of ecological architecture design. Adverse Party is one
of the founders that had to leave the organization because of conflicts with the other members of the
organization. Since then, Adverse Party is trying to tarnish the reputation of Client by making damaging
statements.
9966*** Client is an international
photojournalist who recently discovered that some video footage taken in Chechnya has been used
without Client's permission in a film that has already been shown at international film festivals and has been
sold in two foreign countries. Client originally licensed the footage to a large news corporation ("Adverse
Party"). in 1994 for one-time use. Client seeks assistance in preparing a copyright infringement claim
against Adverse Party.
Employment - Back to Top
Literary
9910 - On Review*** Client, a NYC resident,
was the editor of a NY publication. Client was a salaried employee. Without warning, client was fired
abruptly. Adverse party, Client's Employer, alleges termination for cause. Client did not have an employment
contract with the Employer, but was provided with employment handbook, which stipulated the
requirements and due process for termination. Client filed for unemployment and began receiving benefits.
After the deadline for Employer to contest unemployment benefits had already passed, Employer was able
to cancel Client's benefits without a hearing. Client seeks legal advice to see what remedies are
available.
Music
10006*** Client is a not-for-profit
organization that seeks to encourage and promote musical and artistic talents in children. As part of these
activities, client holds music workshops and classes in local schools. One of client's music instructors is
also a board member. Client has become concerned that this instructor is injuring the Foundation's
relationships with third parties and impeding the Foundation's mission.
The Foundation needs an attorney for advice on its legal options regarding the employment and potential
termination of this instructor.
Theater
9798 Client has been employed with a
nonprofit arts organization for the past 12 years. He is the dean of the organization's school program and
the general manager of the organization, as well as the secretary ex officio. He is not on the board of
directors. The director has been running the organization remotely and Client has handled the day-to-day
operations as directed by the board. The organization has been less successful since 2001 and now
owes the IRS approximately $100,000 as well as money to New York State. While Client is not on the
board, he was the person who signed the tax forms and has begun receiving letters from the state of New
York informing him that he is being held personally liable for the tax penalties in NY. He has received
letters for all four quarters of 2007 and the second quarter of 2008, and he expects to receive them for the
first and third quarters as well. The IRS has not yet contacted him.
The organization also owes approximately $250,000 in unpaid salaries, and Client has not been paid since
July 2008. At this point, he wishes to resign his position, but his name is on the organization's bank
accounts and various contracts. He wants to extricate himself without further damaging the organization.
He would also like to receive the salary which he has not been paid.
Client seeks the assistance of an attorney in dealing with three issues: answering the tax letters from New
York State, resigning from the organization, and getting the back pay which he is owed.
Visual
10176*** Client, a Brooklyn based artist,
formed an LLC with two other members without fully discussing or understanding that the other members
wished to (and the default structure of the LLC may) limit her ability to work on her own art projects and
any other projects outside the LLC. These issues came to light when Client and the other members started
looking at and discussing an operating agreement for the LLC. Client seeks the assistance of an attorney
for the following: (1) Develop and articulate the type of relationship Client wants to have with her business
partners; (2) Negotiate with the other members to either modify/amend the proposed operating agreement
so it reflects a relationship she can live with, or possibly create a different type of relationship/agreement
between Client and the LLC.
10159*** Client is a New York based
costume designer and fabricator. Client has been working for a New York dance company for about two
years. Client seeks assistance in assessing this work arrangement that Client believes is an
employer/employee relationship rather than an independent contractor relationship. Client seeks the advice
of an employment law attorney who can evaluate this situation for Client and describe her rights in the
matter.
9877 Client, an Artist-Instructor, was hired,
under contract, by an arts association for placement in a public school. Client turned down other
employment in order to accept the position. Client participated in a training program, and was paid while
awaiting placement. The arts association notified client that the terms of employment were going to be
changed (reduction in hours and pay). During client's employ, client was able to find another employment
opportunity and gave two weeks notice. The arts association notified client that wages received during
employment needed to be returned. Client seeks advice concerning the contractual dispute and possible
litigation: Client may wish to initiate litigation and may require defense counsel.
Immigration - Back to Top
Film/TV
10167 - On Review*** Client is a Romanian
citizen currently in the United States on a Tourist Visa that expires in September, 2009. He is engaging in
work not covered by his visa, and has secured sponsorship from an employer to apply for an Artist's Visa.
He seeks legal representation to assist him in processing the required paperwork.
10011*** Client, an Italian citizen studying in
New York on a student visa, seeks legal assistance in preparing to receive payment for, and begin
production on several film projects. His OPT visa application is pending. Client is concerned with the tax
and immigration implications of starting a production company LLC here in New York. Client graduates in
May and would like to begin shooting in April.
Mixed
10155*** Client is in the United States on an
H1-B Visa that expires in 2010. She and her sister would like to explore the possibility of establishing a
branch of their father's silver manufacturing company here so that they can secure sponsorship that will
allow them to remain in the country. Client is seeking legal representation to assist her with determining
whether an H1-B Visa Holder can establish a business in the US, whether that business can be an
extension of a foreign parent company, and whether either she or her sister can be hired to manage the
company.
9851 Client, an arts-based nonprofit
organization, is hiring a German national to manage their database. The potential employee has an attorney
engaging in immigration paperwork to enable him to work for the organization. Organization seeks
assistance in reviewing the immigration paperwork.
Theater
10170*** Client is an Argentinean actor living
in the United States since August 2001. Client's visa will expire in July 2010 and Client seeks the
assistance of an attorney in applying to become a permanent resident of the United States.
10037*** Client is currently a student at a
New York City based college. Her visa is set to expire on June 1, 2009. Client previously completed a two
year acting program at a Playhouse while in the United States on an OPT visa. Now her college has
informed her that she can not get another OPT visa through them because it is on the same level as her
previous visa. Client is unclear why the college will not convert her visa as they had previously told her it
would be okay and she received only a diploma of completion from the Playhouse, not a degree. Client now
seeks assistance in determining what type of visa to obtain and in completing the necessary steps.
Visual
10091*** Client is a visual artist with
Canadian and British citizenship. Client has been a resident of the United States for the past 20 years, and
has a permanent residency card. Client is constantly traveling outside of the country, but lacks detailed
records of all arrivals and departures.
Client seeks the assistance of an attorney to complete the United States citizenship application, and how to
specifically deal with the application's requirement for all records of arrivals and departures.
Case is time-sensitive and needs placement before July 2009.
10081*** Client is a foreign artist who seeks
legal representation to obtain a U.S. artist visa. Client is currently in the U.S. and has a student visa but is
graduating in June from a certificate program. An Optional Practical Training visa is not an option for Client
because she received an OPT after getting her bachelor's degree in Boston.
Please note: this is a time-sensitive matter.
10069*** Client is an art teacher seeking to
obtain legal U.S. citizenship. Client has been in the U.S. for 15 years and has legal permanent residency
(green card). Her LPR status will reach five years in December of this year, at which time she
understands that she is eligible to apply for U.S. citizenship. Client is applying to graduate school in Canada
for Fall 2009 but is concerned whether her attendance/acceptance may jeopardize her citizenship status
and application. Client seeks assistance of an attorney to obtain U.S. citizenship and advise her of her
possible options.
9883 - On Review Client is a French
national and visual artist at a New York City gallery who has lived in the United States for 3 years. He
currently holds an 01 Visa and his application for an EB1(a) green card was denied. He seeks assistance
in replying to the denial and reapplying for a green card.
Nonprofit Start-up - Back
to Top
Film/TV
10173 - On Review*** Client, a filmmaker,
would like to start a nonprofit corporation. Client also plans to seek federal and state tax exempt status.
Client is located in California and will incorporate in California. Client seeks the assistance of an attorney to
help him with the incorporation and tax exemption process. Because the the nonprofit will incorporate in
California, the volunteer attorney interested in this case must be admitted to practice in California.
Literary
10168*** Client runs a non-profit, non-
denominational online literary magazine which encourages a lively discussion of religion and produces print
books for sale. The non-profit was incorporated in 2000 but has been inactive for five years. The original
board members have given Client permission to take over the corporation. Client seeks the assistance of
an attorney in checking the federal and state tax-exempt status of the corporation and properly reactivating
it if necessary.
Mixed
10197*** Client is a nonprofit corporation
that provides scholarships to artists working in film, music, theater, and the literary arts. Client supports
artists by presenting their work in the public arena, providing educational and financial assistance as well
as housing in the New York area. Client incorporated in March 2008 but has yet to receive federal and
state tax-exempt status. Client seeks an attorney's assistance in applying for federal and state tax-exempt
status. Client is also interested in changing the name of the nonprofit corporation or applying for an
assumed name.
10151 - On Review*** Client seeks to
incorporate a non-profit organization to promote the understanding of Japanese heritage and culture among
children of Japanese-speaking families living in Brooklyn, NY. The programs will include classes,
workshops, and after-school programs for children and their families teaching via an array of community
building, artistic, and academic activities. Two other persons involved with the program will also be initial
Board Members for the non-profit corporation. Client also seeks tax-exempt status.
10138*** Client is interested in starting a
non-profit organization, to provide educational services to the Moroccan community. The client aims to
familiarize students with the American educational system and establish a network of Moroccan
educators. Client seeks the assistance of an attorney to incorporate as a non-profit organization and
receive tax exempt status.
10065*** Client is a non-profit organization
dedicated to providing licensure and advocacy to professional arts therapists in the New York area. Client
seeks the assistance of an attorney to help it incorporate as a New York not-for-profit corporation and
obtain 501(c)(4) tax-exempt status.
9912*** Client, a non-profit organization, is a
Manhattan community garden that provides space and resources for gardening, children's programming,
and cultural events. Client seeks to obtain federal and state tax exemption status. In addition, the volunteer
attorney may want to review if client has registered with the Charities Bureau of the Office of the Attorney
General and obtained consent or waiver of consent from the Department of Education.
Visual
10150*** Client is interested in starting a
non-profit corporation to provide studio residencies to emerging artists. The program would allow three to
five artists studio residencies to occupy a ground-floor space as an exhibition open to the public. Client
seeks an attorney's assistance with incorporation and obtaining federal and state tax-exempt status.
Real Estate - Back to Top
Theater
10063*** Client is a theatre student in New
York City. She answered an add on Craigslist for a room in an apartment share. She paid the tenant a
certain sum of money in cash for two months rent. After moving her things to the apartment, she began to
question the tenant's behavior and decided against moving into the apartment. She requested her rent
money back but the tenant would not return it. Client pursued the matter in Small Claims Court and won a
judgment in her favor, but the tenant still would not pay her. Client sought the aid of the Attorney General
to enforce the judgment, but was told they could not intervene because the dispute was the subject of a
court proceeding. Client now seeks legal assistance in enforcing the judgment in her favor.
Visual
10160 - On Review*** Client is a New York
based corporation with two owners who are artists. Client, a gallery, entered into a five year written
lease with a New York City landlord. One of the owners signed a personal guarantee of the lease. Client
became unable to pay the rent agreed upon in the lease. At the recommendation of the landlord, Client
contacted, and subsequently made a verbal agreement with the landlord's attorney whereby Client
understood that it would lose only their security deposit if the moved out before the end of the lease.
Subsequently, Client received a letter from another attorney representing the landlord informing Client that
the landlord was demanding all unpaid rent and other costs and expenses recoverable under the lease.
Client seeks assistance for the following matters: (1) Negotiation of a possible settlement with the landlord;
(2) Legal representation for Client if the landlord files a claim against Client; and (3) Legal representation
for the owner that signed the personal guarantee.
10086*** Client is an installation artist
seeking assistance related to a museum-sponsored art project. Client seeks the assistance of a land-use
attorney to assist with permits and other issues.
VLA's Elena M. Paul and Sergio Muñoz Sarmiento VLA will remain involved and co-represent Client
alongside the firm that accepts the case.
9549 Client is a graffiti artist in Harlem
associated with the group "graffiti artists for a positive cause." In the fall of 1999 client helped established
the "People's Wall," which includes depictions of Muhammad Ali and Malcolm X and is used as a tool to
educate inhabitants of the Harlem area. Currently, a development company has purchased the abandoned
school on which the People's Wall is located. Despite community petitions and public exposure, the
property was sold to the developer, who refuses to communicate with the community or incorporate the
People's Wall into their construction plans, which would preserve the artwork and the community's cultural
landmark.
Client seeks an attorney to help the community prevent the destruction of the People's Wall and to help
preserve its artistic and cultural importance within the Harlem community.
Trademark/Patent - Back
to Top
Dance
10165*** Client, a choreographer, has
created a dance program that has been growing in popularity and is now being produced on a national
scale. Client has been approached by a theatre company which has requested that Client grant the theatre
company a license to perform the program. Client seeks the assistance of an attorney to; (1) Assist Client
in the negotiation process associated with the creation of the licensing agreement; (2) Create the licensing
agreement; and (3) Assist Client in trademarking and copyrighting the names and properties connected to
the dance program.
Mixed
10179 - On Review*** As President of a
community non-profit organization, Client is seeking legal representation to handle a trademark dispute in
New Jersey State Court. The non-profit was granted a service mark in May 2007. Another non-profit
organization has begun operating under the client's name, causing considerable confusion in the
community as to the identity and mission of the two organizations. The client is requesting legal assistance
to review a petition to cancel the Supplemental Registration paperwork filed by their adversary and
approved by the U.S. Patent and Trademark Office.
9903 Client is a New York-based
songwriter, musician and performer who is currently performing in an off-Broadway one-man show
depicting the band members of a famous rock band (Band). Client performs his own original works,
snippets of the Band's work, and improvisational question and answer with the audience in characters
portraying each of the band members. Client's main concerns are about any trademark issues that may
arise from the current working title of the show, which he has been using on his website and on all
performances to date. Client has already completed a search using a trademark search engine for both the
current title and his alternative name for the performance. However, Client was recently told informally at
a legal workshop that he might be barred from using either of the names he has generated. Client is in
possession of the search results.
Additionally, client seeks general advice about any copyright and right of publicity issues that may arise
due to his portrayal of the famous figures and issues of ASCAP/BMI licensing in each of the venues. Client
would like the assistance of a music attorney specifically, if possible.
9834 - On Review Client created a number
of inventions. He needs assistance in determining whether these inventions are patentable, and if so,
needs help registering the patents.
Theater
9951*** Client is a Brooklyn-based non-
profit theater ensemble focused on creating original theatrical productions. Client has created a lighting
fixture that generates a unique visual effect and sound. Client seeks the advice and counsel of a pro bono
patent attorney to determine which intellectual property rubric is most applicable to the fixture and to
determine the likelihood of obtaining such intellectual property protection.
Wills, Trusts or Estates - Back to Top
Visual
10196*** Client is a painter and the son of
an Academy Art winning art director of major motion pictures. Client has been drafting a will with the help
of an attorney, and is seeking another attorney's assistance in locating a trustee and substitute executor
for his estate.