Case List
VLA | 1 East 53rd Street, 6th Floor | New York, NY 10022
(212) 319-ARTS | www.vlany.org

Updated as of Thursday, May 03, 2012, 8:00 PM


To request a case, please click the appropriate case number below to email Eric S. Tam Esq., VLA Staff Attorney, at etam@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 five-digit case number) in your case requests. This way, we can get a sense of the type of case you're looking for and can keep this in mind as new cases come into VLA and as cases on review may return to the list for placement.

Who We Serve
VLA serves low income and indigent artists and nonprofit arts and cultural organizations in every imaginable discipline. For example, theater, dance, fashion, the visual arts, performance, music, journalism, crafts, textiles, architecture, film, design, literature, and poetry are only a few of the artistic disciplines we service. Whether artists are looking to start a nonprofit dance company, copyright their manuscript or produce an independent film, VLA is available to assist them. Before cases are placed on this list, VLA meets with the applicant for pro bono services to confirm that they meet VLA’s financial and substantive guidelines. A copy of our financial and substantive qualification guidelines is available upon your request.

Table of Contents

Contract
Contract/Copyright
Copyright
Corporate
Defamation
Dispute/Litigation/Negotiation
Employment
For Profit Start Up
Immigration
Nonprofit Start-up
Patent
Real Estate
Real Estate/Landlord/Tenant
Research Memo/Writing Project
Trademark
Trademark/Copyright
Trademark/Patent
Wills, Trusts or Estates

Contract - Back to Top

Fashion
 12503 - On Review
*** Client is a New York based-fashion designer. Client has been working with Owner of a fashion manufacturer for several years. Owner offered Client a contract to form a brand for a line of clothing that would be owned by both parties. Client seeks review of the contract.

 12499 - On Review
*** Client is the sole proprietor of a fashion enterprise, and has registered a d/b/a filing in New York. The business produces shirts, accessories, hats, and scarves. Client seeks to enter into a three-month license agreement with a fashion manufacturer and distributor for use of her t-shirt design. Licensee intends to manufacture the design on t-shirts as part of its marketing and promotional campaign. Client seeks an attorney to review the proposed license agreement between the parties.

Film
 12534 - On Review
*** Client is a pianist who is in a payment dispute regarding services rendered for Adverse Party, a film producer (Adverse Party does business through her personal production company). Adverse Party had engaged a Casting Agency, which in-turn hired Client to provide musical accompaniment at actor auditions for one of Adverse Party's films. There was no prior written agreement between Client and either of the other parties, but Client submitted bills that show his engagement. Client maintains that Adverse Party owes him $3189.60 for services rendered. Adverse Party has switched off between admitting that she owes compensation to Client and denying that she owes him anything, claiming that she never hired him and was unaware of his services. Client maintains that by engaging Casting Agency, Adverse Party effectively agreed to pay audition pianist pursuant to the agreement between Adverse Party and Casting Agency and pursuant to certain union regulations. Client claims that Casting Agency acknowledges Client's services and agrees that he is entitled to the compensation demanded. Client was recently contacted by someone claiming to be Adverse Party's attorney, threatening to bring action against Client for being in violation of claim- collection laws and for defaming Adverse Party. Client seeks the assistance of an attorney to represent him in retrieving the compensation owed to him by Adverse Party for his services and to defend him against any possible counterclaims. The attorney should draft correspondence demanding payment from Adverse Party and should be prepared to litigate the matter on behalf of Client if necessary.

 12519
*** Client has written a script for a short film for which he owns and wants to maintain all copyrights. Counterparty has agreed to raise money for production on a commission basis. Client seeks a pro bono attorney to draft and negotiate an agreement that will govern the relationship between the parties.

 12517 - On Review
*** Clients a filmmaker, musician and producer currently working on a project of which he is co-writer, director, producer and actor. Although the script is not yet finalized, he has enough material to produce a trailer. He has been working with a sound and music engineer who agreed to work with him for free. So far, they have recorded together one of Client's songs which will be used for the trailer. Client is interested in formalizing this relationship and is therefore seeking an attorney for drafting a deferred compensation agreement and a work for hire contract to use with the sound engineer. In addition, Client is seeking an attorney for drafting waiver and release forms to use with the project's actors.

Literary
 12536
*** Client is a freelance editor who is in a contract dispute with Adverse Party, an author who engaged Client's services. Adverse Party is working on a book, and Client was employed to perform various tasks as editor, such as interviewing third parties, securing various permissions, and conceptualizing the work's form. Adverse Party was in contact with a Publisher, but never entered into a finalized agreement with the Publisher. Client was originally engaged to provide services for $4,000 a month, with a cap of $35,000. When Adverse Party eventually exceeded his budget and could no longer pay Client according to that arrangement, both parties renegotiated the agreement. At that point, Client had already received approximately $16,000. The new agreement specified that Client would be paid four additional payments of $4,750 each, the first one payable immediately, and the other three payable upon Client's reaching certain benchmarks. The first installment was paid in July of 2010. No further installments have been paid because the specified benchmarks have not been reached. Client has resigned from working for Adverse Party, having received a total of $20,050, which includes the first installment under the renegotiated agreement. Adverse Party has demanded that Client return the first installment of $4,750 and has threatened to seek damages for any additional costs of hiring a new editor. Client maintains that she was hindered in performing her job and in reaching the specified benchmarks because Adverse Party had never finalized an agreement with Publisher, rendering many of the benchmarks impossible to reach. Client does not seek the remaining three installments, but she does not want to refund the first installment, which she claims was a down payment for her continued employment. Adverse Party has not formally brought a legal claim as of this writing, but Client suspects that such action may be imminent. Client seeks the assistance of an attorney to defend her against any potential claims resulting from her resignation from Adverse Party's project, including any claim for the first installment paid on July of 2010.

Mixed
 12219
Client is a New York-based media artist who is starting a new art project with of a team of experts; three are collaborators and one is paid by the hour. Client is designing a bracelet with sensors to determine stress levels in people. Client seeks the assistance of an attorney to draft a collaboration agreement and advise her on intellectual property issues. If possible, it would be helpful for Client to have the assistance of an attorney who has knowledge of computer code.

Music
 12382 - On Review
Client is a musician based in New York with an innovative approach to performances. Client has been approached by a professional coaching company wishing to engage her for at least one performance, and potentially further performance projects. The company has presented the Client with a contract which she feels is overly restrictive of her artistic freedom and ability to freelance for other individuals or companies. Client does not want to use the company's contract and would like the assistance of an attorney to draft a form contract that she could use for this relationship as well as any further business relationships.

Theater
 12421 - On Review
Client is a not-for- profit theater company focusing on ancient and classical texts. Client has produced a Pullitzer- nominated musical (the "Musical"), based on an ancient Greek play and translation. The book for the Musical was authored by two of the officers and board members of Client ("Authors"), and the music was composed by two outside composers ("Composers"). The Musical has been performed in Los Angeles and New York to much success, and Client wishes to perform it again in the Fall of 2012. One of the Composers has recently drafted and proposed a collaboration agreement to define the allocation of rights in the Musical as between the four (4) parties (i.e., both Authors and both Composers). This agreement has not been signed, as Client is concerned that the agreement as drafted undercuts the rights and income shares of the other three parties, especially those of the other Composer. Client seeks the assistance of an attorney to draft a new collaboration agreement that would allocate the rights and shares between all the parties fairly and evenly, possibly including Client itself as a rightsholder.

Visual
 12464 - On Review
Client is a New York-based mixed-media artist who collaborated for roughly ten years with her friend and fellow artist, Adverse Party, creating performance-based video installations. Though they remain friends, Client and her creative partner parted ways professionally in 2009. The two agreed that Client would maintain possession of their works and that they would be in touch should any issues arise. Now Client would like to ensure that neither person can use the works without permission from the other. She seeks assistance from a VLA volunteer attorney to draft an agreement that would create such a relationship with her former creative partner.

 12277 - On Review
Client completed a photography project and is considering signing a contract with an agency to represent the project. Client sought assistance with reviewing a contract with the agency. Client further seeks assistance with determining whether she might be liable to the manufacturer of the objects she photographed.
Contract/Copyright - Back to Top

Visual
 12453 - On Review
Client is developing an art-themed social networking site that will receive art work submissions for posting on the site. Client seeks help drafting an online submissions/licensing form for the works for potential posting on Client's site. Client also seeks advise concerning the use of licenses-such as creative commons licenses-to enable visitors to the website to share artwork posted on it.
Copyright - Back to Top

Dance
 12322
Client is a New York based filmmaker. Client made a documentary film that includes clips of news footage that he obtained from the Internet. There are 16 news clips, which range in duration from 5 seconds to 28 seconds. The percentage of the original segments used in the film ranges from 2 percent to 12 percent. The channel logos appear in each clip that appears in the documentary. Client included the names of the networks from whom he had taken the clips in the credits. Client did not obtain permission to include the material in his film. He contacted two of the news broadcasters to inquire what they would charge to license the video clips. Client found the costs prohibitively expensive. A version of the documentary has been completed and includes the clips. Client plans to distribute it to film festivals. The documentary also contains footage of a college football game, screenshots from websites of organizations relevant to his subject, and an image of a book jacket. Client would like an assessment of whether his use of the above material is covered by fair use and advice regarding edits he could make to ensure that his borrowing of the material is covered by fair use. He requests a legal opinion letter that these elements of his film are covered by fair use.

Film
 12518
*** Client is a filmmaker, musician and producer currently working on a film project of which he is co-writer, director, producer and actor. Although the script is not yet finalized, Client has enough material to produce a trailer, which will be used to raise money for the project. Client is seeking an attorney to help him register copyrights on the project's screenplay, songs (lyrics and music recordings) and the trailer itself.

 12500
*** PLEASE SEE CASE #12501 FOR RELATED CASE. Client is a veteran filmmaker who is currently ill and is being represented by Co-Powers of Attorney (collectively, the “Client”). The Client wishes to preserve his artistic legacy by reclaiming ownership in his films and exploiting them appropriately. This process involves clarifying the rights and chain-of-title to some of Client’s works, paying clearance fees, acquiring necessary title and rights, and terminating previous grants where applicable. This particular case involves two of Client’s films; both films have at some point been owned by or licensed to a particular movie studio (the “Studio”). The first film, made in the late 1960s, is a documentary about a cultural movement in San Francisco. In 1967 and 1968, the film (along with its score and soundtrack) was assigned or licensed to a distribution company by the film’s producer (“Producer”). Client, through his corporation, has since purchased all of Producer’s rights and title to the film. The distribution company eventually merged with the Studio, which is how it came to control the rights. Over the years, there has been much correspondence and negotiation between Client and the Studio regarding the rights to this film. The second film, made in the early 1970s, was originally distributed by a company that has since been sold or dissolved. The rights to the film changed ownership several times, eventually ending up with the Studio, according to Client. The studio also may have rights to an associated soundtrack album. For both films and soundtracks, The POAs seek the assistance of an attorney to clarify Client’s rights for the purpose of further exploitation, such as home video distribution and display. To the extent that the Studio does currently own or control any rights, Client wishes to have all rights revert back to him. To this end, the attorney should research whether Client is eligible to terminate any previous grants or licenses. With respect to the first film specifically, the attorney should ascertain whether any licenses or assignments also included the rights to additional raw footage that was shot but that did not appear in the final version of the film.

 12449
*** Client wants to obtain rights to produce a screenplay from a book. Client was in the process of obtaining an option to license a copyright to make a screenplay based on the book. She did not know whether the publisher or author owns the copyright, but she was already at the negotiating stage with a draft option agreement and the publisher did not accept her proffered price for the option to license. Client seeks advice on what her options are and how best to proceed.

 12450
Client wants to discuss acquiring the rights to do a play reading in a feature length documentary and release forms to use for minors. The material from the play will be used in various points throughout the documentary and read by subjects in the documentary.

Film/Theatre
 12398
Client is a New York-based visual artist interested in organizing, performing and filming a play. The play is part of a project that, in part, looks to explore the boundaries of copyright law: Client hopes that her play will be as close to a performance of a famous Broadway musical as possible without infringing. The anticipated date for performance is March 31st, 2012 but it may be pushed back. It will be in a gallery space provided by a New York not for profit that maintains a venue for artists. Client has spoken to the administrator of the copyright in the original Broadway musical. She was denied permission to license any rights and now does not plan to license any rights to the original Broadway musical. Auditions and rehearsals of the play will be private. There will be one performance and it will be by invitation only. Additionally, client intends to film the process and display the resulting film publicly after the performance and in the same gallery space. Client came to VLA seeking a greater understanding of the parameters of copyright law and for advice as to how she could carry out the project without incurring liability for infringement.

Film/TV
 12360 - On Review
Client is a filmmaker seeking assistance gaining various music licenses and trademark protections for a feature- length comedy film. Client sought previous assistance from a Volunteer Attorney and was referred to the VLA. Client hopes to continue to work with that attorney and seeks case list placement to receive assistance on the feature film project. Client has a number of questions ranging from registering copyright in the film, to trademarking certain words in the title, gaining permission to use certain brand logos, obtaining music licenses, publicity, and fundraising.

Literary
 12425 - On Review
The client wrote articles for a publisher and collected compensation for her work. She signed a contributor agreement in connection to the above arrangement. In August 2009, the agreement terminated, but the client continued to write articles and receive compensation for her work. The client would like to start her own blog and use some of the articles that were written for the publisher. The client seeks advice on two matters. First, whether the contract with the publisher continues to be effective after a one year "termination" date. Second, whether the publisher owns the articles that the client wrote after August 2009.

 11348
Client is a New York based literary author. Client has been working on a literary project for about 17 years. Client began her research in 1995 and has since, retired, and spent her life savings on research for the project. The project involves the stories of two trapeze artists from the 1950's. At this point Client has not executed her research into a fixed book or screenplay format. Although she has written two outlines detailing what she visualizes for the book and screenplay Client seeks assistance to help her discuss the legal issues surrounding her literary project. Specifically she seeks help finding an agent for her project. Client has reached a point where she can no longer continue and complete the research without additional funding. She also seeks assistance registering protectable elements of her project with the Copyright Office, and whether she should incorporate in the future. Lastly, Client needs to discuss any future contracts and Non-Disclosure Agreements she should anticipate with potential co-writers, collaborators, producers, etc.

Music
 12488 - On Review
*** Client is a songwriter who collaborated frequently with a well-known recording artist who is now deceased. Their collaboration efforts resulted in several songs on which the artist performed the vocals while client composed the instrumentals. Client had registered some but not all of his original compositions with the Copyright Office. Client is concerned about licensing and copyright issues for one of his original unregistered compositions. The original composition in question is to be used in a scene of a film about the artist's life, which is currently in production. Because the composition in question was the basis for one of the artist's more well-known songs, client is concerned about possible difficulties in obtaining licensing to use the composition for the film. Client has not yet faced any legal actions from any party, but he believes he is legally entitled to license his music to the film. Client is interested in discussing and assessing any possible legal actions that could be taken against him that may arise if he includes the composition in the film.

 12347 - On Review
Client is a New York based musician. In 1995, Client did a performance for a Non-profit of his original song of which he owns 100% of both the copyright and publishing rights. This performance was videotaped and used by the Non-profit without client's permission to solicit funds for the Non-profit. The videotape is also on the Non-profit website without Client's permission. Client discovered the altered video on the Non- profit's website in December of 2011. Client also co-wrote a song with the Executive Director of the Non-profit that was used for a play that Non-profit sponsored. Client owns 50% copyright as well as 100% publishing rights on this song. Client is seeking representation against Adverse Party, who has not responded to Client's attempts to mediate.

 12193
Client is a songwriter based in New York. In 1978 Client co-wrote several rock songs, in which he is registered as the part-owner of the copyright. Client’s songs have been re-released several times over the intervening years. Client has not received any royalties from their sale from either his Co-Writer (who he believes has received royalty payments) or the Record Companies. Though Client signed a contract (with, he believes, the Co-Writer, the Co-Writer's music publishing company and the Record Companies) in 1978 and does not have a copy for reference, he does not believe he signed away his rights in the song and therefore believes he is entitled to royalties from the sale of his records. Client seeks VLA’s help to recover royalties from the Record Companies and/or his Co-Writer, including threatening and pursuing litigation if necessary.

Photography
 12473
Client is a photographer who signed a work-for-hire agreement with the Adverse Party, whereby the Adverse Party would register the copyrights in his works. As a result of the failure by the Adverse Party to register Client’s copyrights, Client was significantly impeded in pursing compensation for infringement by a Third Party, who, under a licensing agreement, posted his works to publicly accessible web accounts without attribution. Client seeks assistance in determining the liability of Adverse Party for failing to register his works for copyright, drafting and sending a demand letter to the Adverse Party, and negotiating a settlement. This representation does not entail pursing a formal claim through litigation on arbitration.

Theater
 12410 - On Review
Client seeks copyright advice for her play, based on a famous historical event (the "Play"). Client wants to make use of period music, as well as quotes from participants, judges, and witnesses to the event ("Materials"). Additionally, Client would like to secure copyright protection for the Play. Third Party theater is interested in the project and will be viewing the Play on April 12. Matter is Urgent. Client seeks the assistance of an attorney to determine if the Materials are in the public domain, to perform clearance checks on each item, and to assist in registering Client's copyright in the Play.

Visual
 12491 - On Review
*** Client is a New York based visual artist. Client exhibited paintings using the lyrics of Pop Lyricist at Gallery. Client wrote to Pop Lyricist to inform him of Gallery exhibition. Pop Lyricist responded with a cease and desist letter. Gallery complied and returned paintings, cancelled sales, and removed work from website. Client would like to negotiate with Pop Lyricist and settle the matter. Client is seeking pro bono placement through VLA on a reverse referral basis.

 12465
Client is a New York-based mixed-media artist who creates video installations. She recently incorporated musical recordings into a variety of her videos without obtaining permission to use them. Among them was a recording that Client believes may be protected by copyright. Client sold at least two of these videos to art collectors. She now seeks assistance from a VLA volunteer attorney to assess her potential liability and to advise her on similar uses moving forward.

 12407 - On Review
Client claims that Adverse Party, artist, has painted an unauthorized version of Client's original illustration. Client seeks the assistance of an attorney to file a copyright registration for the illustration, to prepare and send a cease-and-desist letter (possibly including an offer to license) to Adverse Party, and to consider whether to file a suit for copyright infringement.

 12406 - On Review
Client has produced a book and coasters which are similar to a work by Adverse Party, artist. Client created a video (the Video) depicting the making of the book and posted it online. Adverse Party has sent Client a copyright infringement notice directing that Client either remove the Video or pay a licensing fee ranging from $575 to $800. Client has proposed a counter-offer of $400. Client seeks the assistance of an attorney to continue negotiations for a licensing fee and settlement with the Adverse Party (and Third Parties affiliated with Adverse Party) in order that the Video remain posted online.

 12349
The client is a graphic designer. He designed an optical illusion in the 1980s. The image was first published in a book in 1989. Credit was given to the client in the book, but no notice of copyright was provided and the copyright in the image has never been registered. The client has previously licensed the image to an insurance agency in Spain. He received $7,500 for use of the image in television commercials. The image has also been licensed on a deck of cards and in various other instances. In the fall of 2011, the Client became aware of the unlicensed use of his image on a website that allows users to upload images to create custom merchandise such as t-shirts, or buy merchandise created by other users (but printed by the website) through a marketplace. Several of the website's users have appropriated the clients image and offer products for sale through the marketplace. None of these users have requested permission to use the Client's image. In the fall of 2011, a popular cable television program (news/commentary) briefly displayed the client's image during a broadcast while describing various political figures. This occurred done without requesting the client's permission.

 12327 - On Review
Client is a New York based photographer. Client took the photographs in question between 1983 and 1985. A corporation approached Client with an interest in using the photographs for a television advertising campaign. Four photographs were chosen for use. The corporation received an invoice and paid to license the photographs. Client later discovered that the photos were being sold online without his consent. In response to this, he attempted to register a copyright in the four photographs. Subsequently, the Copyright Office sent a letter to reject the claim for registration. It stated that the formality requirements under Section 401 of the version of the Copyright Act that was in force at the time of publication was not met. Client would like his interest in the photographs to be recognized and to stop their unauthorized sale. He would like to try to obtain copyright protection for the photographs by self-publishing them in a new book. If possible, he would like to have the unauthorized pictures taken down and obtain damages for their unauthorized use.

 12218 - On Review
Client is a California-based photographer who plans to start a consultant business for music photographers. Client seeks the assistance of an attorney to form a New York-based LLC and also needs to be advised on any intellectual property issues related to her business.
Corporate - Back to Top

Fashion
 12376
Clients design and sell women's handbags and conduct business with a Doing Business As certification. Client 1 designs and creates the bags while Client 2 handles the affairs of the business. The two have no formal agreement with one another as to their respective roles. Clients seek the assistance of a VLA volunteer attorney to register to do business under a new name and to develop an appropriate business structure for their joint operation.

Mixed
 12409 - On Review
Client is a creative design and build company that focuses on using reclaimed materials for its craftsmanship and woodworking projects. Client seeks to set up and establish the legal foundations for its business. Client seeks the assistance of an attorney to draft a shareholder's agreement, a customer agreement, and a work-for-hire agreement; to perform trademark clearance and submit filings; to advise with respect to insurance, waivers of injury, and taxes (in conjunction with Client's accountant).

Visual
 12433
Client created a graphic design (the “Work”) inspired by and based upon a well-known mass-transit map (the “Map”) issued by Adverse Party. Specifically, the Work alters the Map into a tree-like form. Client sought to ensure that his Work does not infringe upon any copyrights or trademarks that Adverse Party may have in the Map and was advised by counsel that the Work has a “strong case for likely non-infringement.” As such, Client seeks to perfect his own rights in the Work and to safeguard himself from any potential claims that may arise. Client has applied for copyright registration of the Work; his application is currently pending with the Copyright Office. Client seeks the assistance of an attorney to form an LLC for Client’s graphic design business and to formally assign Client’s copyright in the Work to the LLC. The attorney may first need to finalize Client’s initial copyright registration, which is currently pending. The attorney may need to perform independent research and an assessment as to whether the Work infringes Adverse Party’s rights in the Map and possibly obtain a letter of permission from Adverse Party if necessary.
Defamation - Back to Top

Dance
 12504
*** Client is a college student who has gained a substantial amount of publicity as a tap dancer. He had been performing in New York subway trains when he attracted the attention of a newspaper reporter who subsequently wrote and published an article about client's dance talents and his life story. As a result, client had been invited to appear on a well known television talk show as well as a televised awards show. Prior to client's recent rise to fame, he was approached by a publicist who expressed interest in representing him. However, client rejected the publicist's offer for representation. Client's rejection apparently caused resentment on the part of the publicist. The publicist has been publicly targeting and harassing client via the internet. The publicist sent email blasts to various media outlets attacking the validity of client's life story and interfering with client's entertainment career trajectory. Client seeks legal protection and is interested in pursuing an action against the publicist's defamatory claims against him.
Dispute/Litigation/Negotiation - Back to Top

Dance
 12429
Client is a dancer who recently discovered that his image and performance appear in a popular dance video game (the "Game"), recently issued by Adverse Party. The footage of the performance in question was originally recorded approximately 16 years ago. Client maintains that he did not grant consent for use of his image or performance in the Game and that he has not been compensated by Adverse Party for said use. Client does not remember whether he originally signed a release form when the footage was originally recorded. Client has taken screen shots and gathered other evidence of his depiction in the Game. Client seeks the assistance of an attorney to assess whether the use of his image and performance in the Game was unauthorized and to represent Client in seeking compensation for this use. The attorney should be prepared to litigate on Client's behalf in the event that Adverse Party is unwilling to compensate Client appropriately.

Film/TV
 12294
Client is a New York not-for- profit organization that publishes works by authors and produces films about heritage and culture. Adverse Party is a museum devoted to documenting an historic event. In 1989, Client produced an award-winning film about this event. The film is regularly licensed to institutions and other organizations for screenings. In January 2011, Adverse Party began daily showings of this film without first obtaining a license. In October 2011, after learning of the unauthorized screenings from a third party, Client contacted Adverse Party to demand that it cease its infringing use of the film and to request compensation for the unauthorized screenings that had already occurred. The parties attempted to come to a settlement agreement, but were unsuccessful. Client now seeks legal representation to pursue an action for copyright infringement against Adverse Party.

Mixed
 12444
Client is a New York based writer and illustrator of comic books. For the past several years, Client had been working with two other writer-illustrators on a comic series. The three of them never entered into any partnership agreement or otherwise set up a legal entity for their creative venture. After some internal disputes, one member ("Adverse Party") left the venture and unilaterally registered the trademark in the name of the comic series with Adverse Party listed as the owner, without the knowledge of the other two members. Thereafter, Adverse Party sent a series of cease-and-desist letters to Client, demanding an outrageous amount of money for use of the trademarked name. Client would like to continue working on the comic series under the now-trademarked name but wants to be listed as a registered co-owner of the mark. Client is amenable to resolution by mediation or settlement, but is seeking a volunteer attorney to pursue a claim against Adverse Party if Adverse Party does not agree to mediate.

Music
 12270 - On Review
Client, a New York-based professional musician, is in a dispute with his next-door neighbors ("Adverse Parties") regarding the noise associated with his practicing at home. Since 2002, Client has used his rented apartment to practice his instrument during the day. He practices for at most a few hours in the middle of the day. Client's lease specifies that musical instruments may be played in the apartment, but not "so as to disturb or annoy" other tenants. None of the other tenants on Client's floor and surrounding floors object to Client's practicing. Client seeks a volunteer attorney to assist him in reaching closure as to this matter. Client is open to settling the issue amicably, but if this is not possible Client sees litigation as a viable alternative.

Theater
 12388 - On Review
Client is a New York-based playwright who wrote a parody musical of a very popular and highly successful motion picture for a charity concert event. The parody musical has received favorable reviews and press coverage. The musical's producers received a cease and desist letter from the company responsible for producing and distributing the motion pictures, claiming that they are engaging in trademark and copyright infringement. Client strongly believes that she has a fair use defense. Client, separate from the producers, responded to the letter, indicating that she has subsequently ceased using the AP's precise name, as well as the original website, Facebook fan page, Twitter account using this name, and has removed the videos of the musical from YouTube. Client has also indicated that she is willing to transfer ownership and control of the domain to the AP, change the script, and comply with AP's demands, other than ceasing to present the musical (although she is willing to modify aspects of it). Client seeks the assistance of counsel in assessing her claim and representing her should this case proceed to litigation.

 12222
Client is a New York-based artist who is owed money for work she did for Adverse Party, a producer. Client states that she did more than 300 hours of work for Adverse Party and is owed about $15,000 but has only been paid $500. Client states that she has e-mail correspondence with Adverse Party stating that her fee would be $50 per hour. Client seeks the assistance of an attorney to help her negotiate with Adverse Party or to pursue legal action against him, if necessary, to obtain the money she is owed for services rendered.

Visual
 12468
Client is a visual artist. He recently created a series of sculptures that replicate the design of a boombox sold in the 1980’s by Manufacturer. Of the 135 identical boombox sculptures he made, Client retained 25 artist proofs for himself and left the remaining 110 with Venue, a cultural venue located in New York. Venue partially funded the creation of the works but Client made no agreement assigning Venue any of his rights. Recently, recording artist Musician posed in a series of promotional photos at the Venue space. The photos prominently feature one of Client's boombox sculptures, with his name scratched off. Since the photo shoot, Musician's Record Label has featured various renditions and reproductions of Client’s sculpture in a variety of media including Musician's website, album artwork, promotional materials, and merchandise such as t-shirts. Client seeks the assistance of a VLA volunteer attorney to assert his rights and obtain attribution and compensation for his work, either through a mutual agreement or formal legal action.

 12446
Client is a New York based sculptor who released three sculptures to Nightclub Creative Director on a consignment basis. There was no written contract, but Client has emails with Nightclub Creative Director and has witnesses to the transactions. Client alleges that Nightclub Creative Director promised that the sculptures were insured and would be cared for. Subsequently one sculpture was destroyed and another was damaged beyond repair. Nightclub Creative Director offered to compensate Client for 50% but is not paying. Client seeks compensation for the damaged sculptures.

 12336
Client is a painter and agreed to work with adverse party (gallery) so that they may sell his pieces on his behalf. The adverse party has received payment for at least one of the client's paintings without compensating him. He suspects the adverse party has sold more of his paintings for which he has not been compensated.

 12108 - On Review
Client is having a dispute with Adverse Party regarding unpaid fees and unreimbursed out of pocket expenses for Client’s work as a project manager for Adverse Party. Client was originally hired to redesign the interior of Adverse Party's restaurant, as well as to act as project manager. Client and Adverse Party had an oral agreement (no signed contract) under which Adverse Party was to pay Client a weekly fee for Client’s work as the project manager for renovations and redesign work at Adverse Party’s restaurant, and whereby Adverse Party was to reimburse Client for all expenses incurred by Client related to Client’s work as project manager (e.g., payments to sub contractor). Client claims that Client is owed a substantial amount of money by Adverse Party. Adverse Party claims to owe Client much less money. Client seeks an attorney to help her resolve this dispute and to help her collect the money she is owed.
Employment - Back to Top

Dance
 12246 - On Review
Client is a Delaware non-profit corporation based in New York. The Client is in the process of applying for 501(c)(3) status with assistance of pro bono counsel and Strook and VLA's Executive Director. Its mission is to promote new and innovative ballet productions by commissioning choreographers and hiring dancers to stage unique dance performances. These performances are produced by Client. The current programming involves the Client's artistic directors pulling dancers, musicians, and choreographers from other companies for its performances/events. Client recently produced its first performance at a theater in New York. Client seeks an attorney to provide general guidance as to the proper classification of the artists, dancers, choreographers, and musicians that it envisions working with to create content and perform in its productions. It's envisioned that Client will need assistance with preparing an agreement that will be used to confirm the relationship between Client and choreographers as well as possibly the other artists who will help create and perform in the organization's productions.

Literary
 12145
Client is an Architectural Essayist/Critic ("Critic"), who was hired on a freelance basis by a university in New York City to create an architectural journal prior to 2007. She continued to do this on a freelance basis for a few years. In or prior to 2007, her position became permanent and she became a member of the university employee's union and was subject to their collective bargaining contract. During the summer of 2007, the new Interim Director of the college prohibited the Critic from doing research for the journal outside of the university and her office for the journal. She was specifically told not to leave her chair. The Interim Director also confined her graphic design staff to only working via computer, as well as telling them not to cooperate with her. The Critic was denied access to phone and email in her office. She continued to do research outside the office in her spare time. The final issue of the journal that the Critic worked on was printed during the summer of 2007 but never distributed. The Critic was dismissed by HR thereafter with no reason stated and no severance. She previously worked with a labor attorney, but he told her he could not represent her in litigation. The Critic filed a timely formal grievance to begin arbitration as required by her union contract, but has not gone to arbitration.
For Profit Start Up - Back to Top

Film
 12523 - On Review
*** Client is a New York-based filmmaker who seeks to form a corporation for a film. Client seeks attorney's advice on the appropriate corporate structure. Client also seeks assistance in drafting the appropriate corporate documents.

For Profit
 12401
Client is a musician based in New York with an innovative approach to performances. Client would like to start a for-profit company, of which she would be the sole proprietor, in connection with her performances. Client seeks advice as to the most appropriate corporate form for her purposes, as well as assistance with the legal start up of the for-profit company.
Immigration - Back to Top

Music
 12456
Client is a musician and theatrical performer, currently employed as a children's music and performance instructor in the United States. Client is a Canadian citizen who currently holds an O-1B visa, and wants to pursue permanent residency status in the United States. Client also seeks advice about whether the O-1B visa will allow for employment outside of that provided by the visa sponsor.

Theater
 12306 - On Review
Client is a Canadian-born actress who would like assistance applying for an O1-artist visa.
Nonprofit Start-up - Back to Top

Film
 12441 - On Review
Client is an individual who wants to form a nonproft arthouse cinema, the proposed purpose of which is for education and community outreach. Client has filed a certificate of incorporation, issuance of which is pending and expected to receive in April. Client has also drafted bylaws but they are not yet filed. Client is seeking assistance with preparing and filing Form 1023 and tax exemption. Client is also seeking advice on possibly converging with and/or receiving assets from an existent nonprofit with 501(c)(4) status.

Mixed
 12502 - On Review
[The following case is to be handled as a reverse referral.] Client is a French organization committed to ensuring the conservation and protection of cultural goods. Client would like to establish a new, U.S. tax exempt entity (the “U.S. Entity”) that will enable it to solicit funds in the United States on a tax-exempt basis. Client is interested in learning about the various legal forms available for the U.S. Entity, including the risks and benefits of each potential form. Client’s objectives for the U.S. Entity are as follows: Client seeks a low administrative burden for forming and maintaining the U.S. Entity; the U.S. Entity would provide its raised funds directly to Client and otherwise use its raised funds for Client’s purposes; Client would have some control over the funds that the U.S. Entity provides to it; the U.S. Entity may wish to employ directors that are also employed with Client; contributions by donors to the U.S. Entity must be deductible for U.S. federal income tax purposes. Client seeks the assistance of an attorney to determine the best legal form for the U.S. Entity and to undertake all filing and administrative procedures necessary for its creation.

 12493
Client formed a non-profit corporation 5 years ago to provide affordable live/work spaces for artists. He seeks placement on the VLA Caselist to enlist the assistance of a pro-bono attorney to change the board of directors, qualify for New York State and federal tax exemptions, file papers with the New York Attorney General's Office, and file back-taxes (re: Form 990).

 12257 - On Review
Client is an organization developed to provide children, teens, and young adults on the autism spectrum and other developmental disabilities equal access to arts and cultural programming at museums, cultural and performance centers, and schools. It achieves this goal by developing education programs, offering training series, informational seminars, and staff development at schools, museums, and cultural institutions to meet the demands of the growing population of children, teens, and young adults with autism and special needs. Client is in the process of partnering with a school and Adverse Party for a pilot program for children with autism and special needs. Adverse Party is writing the curriculum for review by Client. The curriculum will use Client's methodology, which it plans to register with the U.S. Copyright Office. Client seeks an attorney to help define a collaboration or licensing agreement with Adverse Party that will protect Client's work for future sales and marketing to other organizations without competition from Adverse Party.

Music
 12505 - On Review
Client is a New York-based musician. He seeks placement on the VLA caselist to enlist the assistance of a pro-bono attorney in incorporating his non-profit organization and in filing for 501(c)(3) status. The organization will provide youths with an opportunity to participate in jazz music and receive guidance from volunteer mentors. Client has prepared a projected 3-year budget for the organization, a list of 3 board members, and 3 proposed names for the organization.

 12459 - On Review
Client seeks to incorporate a non-profit organization that will establish an orchestral group for seniors. The organization would arrange performances to showcase the talents of its members. Client has prepared a mission statement, three unique and alternative names for the organization, and has determined three members for the organization's initial board of directors, including an Executive Director, a Music Director, and an Associate Conductor. Client has also prepared a proposed three- year budget. Client seeks the assistance of an attorney in drafting bylaws and filing the appropriate paperwork for non-profit incorporation and tax-exempt status.

 12310
Client is a non-profit incorporated in New York in 2003 and received 501(c)(3) status in 2004. Client produces music concerts and festivals in upstate New York. Client last filed 990s in 2006 and has since had its tax exempt status revoked. Client would like assistance in applying to the IRS for reinstatement of its tax- exempt status.

Theater
 12497
*** Client is a New York-based theatre company that intends to incorporate as a not-for-profit corporation. They seek a lawyer to help with incorporation and to help with obtaining 501(c)(3) status. Client currently operates as a partnership but is prepared to dissolve immediately. The mission of the company is to produce and stage original drama. Client has decided to form a not-for-profit corporation after long deliberation.

 12400
Client is currently employed by a nonprofit organization (“Parent Nonprofit”). He is the director of a branch of the Parent Nonprofit that runs an acting company. Client has an agreement with the Parent Nonprofit whereby if the Parent Nonprofit disposes of the property that houses the acting company, the Parent Nonprofit will transfer certain assets related to the acting company to Client, including intellectual property rights. Recently, the Parent Nonprofit has sold this property and now Client is interested in establishing a new nonprofit organization independent of the Parent Nonprofit in order to continue the acting company's programming. The Parent Nonprofit is amenable to this transaction. Client has experience managing this nonprofit and is basing his projected budgets on the past budgets he has worked with under the Parent Nonprofit. Client has also already established fiscal sponsorship approval for the potential independent nonprofit through Fractured Atlas.

 12340 - On Review
Clients run an LLC, a theater production group that showcases local talent and focuses on community issues like domestic violence. Clients would like to incorporate their group as a not-for-profit entity with the mission of providing opportunities in theater for teenagers and young adults in community based homes and providing affordable quality theater to these communities. While Clients had been partnering with a fiscal sponsor, they must now part ways with that sponsor in part because of a private grant they received that is outside the sponsor's purview. Clients seek assistance from a VLA volunteer attorney to dissolve the LLC and transfer its assets to a new non-profit. The volunteer will obtain not-for-profit incorporation and tax exemption for this new company.

Visual
 12358
Client seeks pro bono attorney to help her start a non-profit tax-exempt organization to be based in the state of California. The non- profit's mission will be to help low-income and disadvantaged students seek and find paid internship opportunities in the areas of art, design and graphic design.
Patent - Back to Top

Fashion
 12266
Client is a New York-based fashion designer who has designed a series of wallets constructed from leather and found objects which she hopes to begin mass-manufacturing. Client has developed a business plan, is soliciting bids from various manufacturers, and anticipates being able to cost out the products shortly. Client is also developing relationships with potential licensees and investors, though she has not yet contracted with any of these parties. Client seeks the assistance of a volunteer attorney to do a technical review of the feasibility of protecting the wallet designs with a design patent. At present, she is not seeking assistance with patent registration.

Music
 12427
Client has developed a musical instrument that is designed to permit the person playing the instrument to see the internal slide mechanism in action, allowing the player to play particular pitches and songs more accurately. Client intends to market the instrument to children, adults, musical teachers, and secondary science teachers. A similar product currently exists in the public domain. Client seeks the assistance of a lawyer in assessing the viability of a patent application and potentially drafting such an application.

Visual
 12230
Client is a New York-based artist who has built a unique “live painting” device – which takes input from the user and translates it into live illustration and/or painting, and then animates it. It is a tablet which contains a computer with a video card, which is manipulated like an iPad or other tablet device. The device has many potential applications, both digital and commercial. Client is looking for a volunteer patent attorney to assist him in applying for a patent to cover this device. He is currently working on filing a provisional patent application in order to secure time to complete his filing with the help of an attorney. He wishes to eventually introduce this device to the marketplace through his work in live art and potentially brand advertising, and he wishes to protect it in the interim.
Real Estate - Back to Top

Mixed
 12533 - On Review
*** Client is a non- profit cultural organization based in New York City dedicated to promoting and promulgating the cultures of people of African descent brought to America before and after the Transatlantic Slave Trade. Client seeks review of a proposed Contract of Sale and Rider for new office space. Client also seeks any other transactional assistance directly related to this matter.

Music
 12362 - On Review
The sole owner of a well-known Recording Studio in New Jersey has agreed to sell the studio to Clients, who are three employees of the studio. The sale will include the transfer of the studio's intellectual property and real property. Client recently formed a three-member LLC, agreeing to a 50/30/20 split of corporate ownership. Client is seeking representation in connection with the transfer of the real estate and real property from Recording Studio to Client, including review of the loan, mortgage, latest appraisal, and furniture, fixtures, and equipment. VLA Executive Director Elena M. Paul, Esq. and VLA Director of Legal Services Benjamin J. Brandow, Esq. will remain involved as co-counsel.
Real Estate/Landlord/Tenant - Back to Top

Theater
 12430
Client's acting studio ("Tenant"), a networking acting studio that brought casting directors and actors together, and held workshops and acting classes, entered into a lease agreement ("Lease") with Landlord for a term of 5 years and 3 months. Several months prior to the Lease's expiration, Landlord and Tenant extended the terms of the lease. Tenant paid rent on time for the first 5 years of the lease, but subsequently fell behind, and agreed to vacate the premises. Landlord served Tenant with a Summons and Verified Complaint, alleging that Tenant owed Landlord outstanding rent, additional rent, plus interest, and reasonable attorneys' fees. Client seeks an attorney to represent him in this landlord/tenant dispute and answer the Summons and Complaint. Client has received an extension to answer the complaint.
Research Memo/Writing Project - Back to Top

Mixed
 12387
Client appeared in the film in the late 1970s. He received a contract release for his appearance in this film from from the production company. In 2005, the film was made into a video game. The video game includes still footage from the movie in the instruction booklet, and live footage in the game. The client appears in this footage and he appears in the video game even though he was never given a release for the use of his image. At least one of client's co-stars from the film was given a contract for the use of his image in the video game, but the client never received such a contract. Client discovered that his image was used without permission at the end of 2005, and in 2009, he filed a suit in New York for breach of contract against the video game producer and the film producer. It appears as though the client's previous claim on this issue was dismissed with prejudice, but the court has allowed him to re-file, and on December 30, 2011, the client filed a claim for breach of contract in the Southern District of New York. However, this complaint was incomplete and will need to be amended. Client believes he has a timely breach of contract claim even if a right of privacy claim would be barred due to the statute of limitations running on that claim. He believes that the six year statute of limitations should start at the point he discovered his image was used without permission. VLA is seeking an attorney to research this matter and write a recommendation on whether or not such a claim would survive the statute of limitations and should be pursued further.

Theater
 12156
Client seeks assistance with obtaining compensation for work he did while producing a play for the adverse party before his services were terminated. In addition, the client stated that the adverse party used a logo extremely similar to the one the client developed for the play without compensation, and as such, the client sought to obtain compensation for the use of the logo. Client seeks an attorney to assess whether he has a viable claim in quantum meruit or in accordance with the requirements of his union, the Screen Directors and Choreographers Guild ("SDC"). With regard to the copyright claim concerning the logo, VLA has determined that this claim is not viable and will not be assessed by a volunteer attorney.
Trademark - Back to Top

Fashion
 12412
Client has two office actions from the USPTO regarding four submitted claims for trademark protection. She needs legal assistance in responding to the office actions and seeks a pro-bono attorney to help her in securing her trademarks both domestically and internationally.

Music
 12435
Client has developed a musical instrument that is designed to permit the person playing the instrument to see the internal slide mechanism in action, allowing the player to play particular pitches and songs more accurately. Client intends to market the instrument to children, adults, musical teachers, and secondary science teachers. Client seeks the assistance of a lawyer in assessing the viability of a patent application and potentially drafting such an application.

Visual
 12454 - On Review
Client seeks a VLA attorney for assistance in registering a trademark on the name and logo of her new art-themed social networking website.
Trademark/Copyright - Back to Top

Contract
 12411 - On Review
Client is a co- founder and board member of a non-profit, tax-exempt organization ("Adverse Party") that she seeks to resign from as a result of tension with fellow board members. Client met with a VLA attorney to review a separation agreement presented to her by Adverse Party. Adverse Party is pressuring Client to sign the separation agreement with terms unfavorable to the Client. Client may have Intellectual Property rights to some content as content was vested before the non-profit was incorporated. Client seeks a pro-bono attorney to advise her on any rights she may have as well as representation regarding the separation agreement. Client wants advice about how to seamlessly leave the organization without having to sacrifice deserved credit for being a co-founder.
Trademark/Patent - Back to Top

Film/TV
 12254 - On Review
Client has had a DBA since 2003 as a production entity for his films. In 2007, Client registered his company's name at the county clerk office in Los Angeles. At a film convention in 2011, Client was informed that there is another company (Adverse Party) in Los Angeles county operating under the same name as his business. Client seeks assistance in sending a cease and desist letter to Adverse Party in order to prevent it from using his company's registered name.

Photography
 12483
Client is a New York based artist who has created a photo booth as an art project. The photo booth has been featured in several museums in New York City and a description of the project is featured on Client’s website. The Client has been using a descriptive name for the photo booth project and originally sought VLA's assistance to explore the possibility of registering a trademark in the name of the photo booth, but primarily to protect himself from potential trademark infringement claims. Client is seeking the assistance of a pro bono attorney to advise on this trademark issue and to assess whether the process by which the photo booth operates is patentable. Client would also like for the attorney to explain to him the costs and benefits of applying for a patent and registering the trademark. Another unrelated matter is the fact that Client formed an LLC with three bandmates back in 2006, but the LLC never made any profits. As far as Client knows, no one has been maintaining the LLC administratively and Client would like to know if there are any problems with this.
Wills, Trusts or Estates - Back to Top

Film/Theatre
 12436 - On Review
Client is seeking to settle the estate of his late wife of thirty years ("Decedent"), who did not leave a will. Decedent had a CD account in her own name, with Client listed as sole beneficiary. The funds in this account total approximately $34,000. The probate court informed Client that he is required to provide a family tree affidavit in order to access the funds in this account and that this affidavit must be completed by a non- interested party. Client has identified an elderly aunt (approximately 90 years old) who would be eligible to complete the affidavit. Besides for the CD account in Decedent's name, Client and Decedent shared at least one joint account at a certain credit union. Client seeks the assistance of an attorney to settle his estate and to gain access to the funds in Decedent's CD account. A legal assistant with notary powers is needed to travel to the home of the elderly aunt to complete and notarize the family tree affidavit.