Arts Cases Available for Placement

November 18, 2022

Interested in taking on a pro bono case with GLA? Please contact us at:

Email: cases@glarts.org


Thank you to Richard Miller of Ballard Spahr LLP, Russell Love of Nelson Mullins Riley & Scarborough LLP, John Renaud of Warner Media, LLC, and Robert Scully for taking cases since our last newsletter.


ADA

N5473-1-M: Non-Profit Seeks Advice on ADA Compliance for Outdoor Festivals

Client is an arts organization whose activities include hosting outdoor arts festivals, including artist booths and demonstrations. The festivals are in public city parks and with an admission charge to enter. An individual has reached out to indicate that in past years that he had accessibility issues and wants them remedied. No specifics were given, but the organization was threatened with a complaint being filed. The next festival is 2 months away and the organization would like to make sure that all can enjoy the festival and that they are ADA compliant with respect to accessibility.

CONTRACTS

A4951-1-K: Writer of Historical Theatre Seeks Compensation for Work Performed

Client is a writer specializing in theatre promoting the culture and history of a location. In Fall, 2021, he had discussions with a university around promoting significant historical  persons with an impact in the community. Writer undertook research and created a plan that was presented to and approved by the governing body. Writer worked for a number of months in preparation for a promised  two year contract. Subsequently, a 3 month contract was entered into pending the longer term relationship. The President then terminated the relationship and the  longer contract was not forthcoming. Writer seeks compensation for services performed and the value of the 2 year contract.

COPYRIGHT

A4941-1-K: Pseudonym for Publishing

Client is an author of fictional novels. He would like to publish his most recent work under a pseudonym. Client needs advice and assistance with the best course of action to protect rights in the pseudonym and conceal his identity as the author of the work. He would also like to know if he can register copyright in the work using the pseudonym.

FIRST AMENDMENT

A4951-1-K: Arts Festival Seeks Guidance on Political Organization Crashing Festival

 Client is a nonprofit who holds an annual arts and cultural festival. They only allow cultural and commercial vendors in the festival, not political organizations. The space is permitted and Client is required to provide adequate security. Last year, an organization (AP) entered the outdoor premises and set up a booth and solicited donations. Security was reluctant to take steps as the AP claimed they had a right to be there due to their First Amendment right of Free Speech. Client would like direction on what steps they should take if this or another similar organization asserts a right to be in the permitted space without a contract, insurance, or being within the scope of the festival. Client is concerned that AP wants to make it a test case. AP has now reached out for the requirements to have a booth at the festival.

NON-PROFIT

N5278-1-C: Non-Profit Seeks Advice and Assistance With Possible Non-Conforming Activities

Client was formed 5 years ago to support the arts in Georgia. More laterally, the Client has formed as a non-profit entity and has applied for tax exempt status. One of Client's activities includes providing gallery space to artists to sell their works. The IRS has objected on the basis of conferring a private benefit. Client would like assistance in responding to the IRS and, if necessary, assistance in setting up a separate structure for these activities.