Arts Cases Available for Placement

May 8, 2019

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Phone: (404) 873-3911

501(c)(3)

N0610-4-5: 501(c)(3) REVIEW

Client is a non-profit organization that works with children (10-18 years old) to produce literary works. Client teaches young people about the publishing process and offers them free editorial services. Client seeks 501(c)(3) status, and is looking for an attorney to review all related documentation to ensure compliance with 501(c)(3) status requirements.

CONTRACTS

N1054-1-K: CONTRACT DRAFTING

Client, a non-profit dedicated to promoting writing and literary knowledge, would like the assistance of a volunteer attorney to draft the necessary contracts for Client's literary festival.

N1039-1-K: INTERVIEW RELEASE CONTRACT DRAFT

Client is a non-profit organization whose mission is to educate students in classical piano music. Client's 20th anniversary is this year, and to celebrate, Client wishes to create a commemorative book. The book will feature photos and interviews from many artists who have put on performances for the organization. The photos were provided and interviews occurred throughout the organization's history. Client seeks assistance with photo licensing, and photo and interview releases.

N1025-2-K: LICENSE AGREEMENT TEMPLATE

Client is non-profit that has provided art based therapy to low income children in the United States and around the world for 10 years. Client provides access to her materials to individuals who want to implement her methodology and curriculum. Client wishes to protect the methodology and curriculum from unauthorized use and seeks a template licensing or similar agreement to use before granting access to her materials.

A2441-3-K: CONTRACT REVIEW AND NEGOTIATION

Client is a Pop R&B, love, and romance singer. He was recently given a contract by Adverse Party (AP), a new streaming service, for partial ownership in a wedding music channel and full control over the content of the channel. Client seeks an attorney to review the contract and to help negotiate with AP.

A2582-2-K: CONTRACT DRAFTING

Client has a creativity and wellness business that offers wellness services including yoga classes, sound baths, and meditation sessions. Client would like the assistance of a volunteer attorney to draft contract templates that Client can use when offering her services to clients and when securing services from vendors.

N1054-2-R: TRADEMARK REGISTRATION

Client, a non-profit dedicated to promoting writing and literary knowledge, would like the assistance of a volunteer attorney to register an Intent-to-Use trademark application for the non-profit's logo.

A2666-1-R: CLOTHING DESIGNER SEEKS TM & COPYRIGHT REGISTRATION OF LOGO

Client, has created a design mark he has been applying to clothing and using to sell on social media for approximately four months. Client received an Office Action on a similar trade mark registration in December 2018 and seeks assistance with dealing with the action and in registering the design as a trade mark and under copyright.

N1038-1-R: COPYRIGHT REGISTRATION

Client, a highly accomplished choreographer and professor of dance, uses her non-profit organization to tell stories through dance and choreography. Client has created two choreographic works for which she seeks copyright registration. For one work, Client seeks copyright registration for the choreography, and for the other work, Client seeks copyright registration for both the choreography and music.

A3500-1-R: COPYRIGHT OWNERSHIP QUESTION

Client is a university museum curator and former art educator. Client's grandfather was a highly successful Jamaican artist who died in 1947. Client has been approached by prestigious universities to display her grandfather's work and also learned a company was placing the work on its merchandise. Client would like the assistance of a volunteer attorney to determine who owns the work, or whether it has fallen into the public domain, and also to find out if she has any rights with regard to the company using the work on its merchandise.

DISPUTE RESOLUTION

A3550-1-D: CONTRACT DISPUTE

Client produces live painting art competitions. She entered into a contract with Adverse Party to put on a number of these competitions. The contract included a 2 year non-compete clause. AP terminated the contract without cause and insists that the Client is subject to the non-compete clause. AP refuses to pay Client money owed unless she agrees to the non-compete (and other terms such as confidentiality). Client wishes to continue producing these types of shows, but does not want to use AP's format. Client is seeking review and advice on the contract and as well as receipt of money owed for past shows. The contract is subject to NY law.

A2658-2-D: CREDIT AND COMPENSATION FOR WORK ON ALBUM

Client, a music producer, worked under agreement with various Adverse Parties in 2013 to produce one song. Client seeks assistance with proper credit and compensation for his work as per his agreement with APs.

A2402-1-D: UNAUTHORIZED USE OF MUSIC

Client, an organist and composer performing since the 90s, has several pieces available online. Recently, Client discovered a portion of her work had appeared in several TV shows. Client seeks the assistance of an attorney to draft and send a cease and desist letter to the party who using her work without authorization and to recover damages and a license fee for use of her work.

A3460-1-D: COPYRIGHT INFRINGEMENT

Client, a music producer, met or communicated over social media with several well-known musicians (APs). Client sent his musical creations to APs and now believes each AP has either sampled his compositions or recreated the compositions using the same instruments but with a higher quality. Client wants credit for his work so he can collect future and past royalties.

A3347-1-D: POTENTIAL COPYRIGHT INFRINGEMENT

Client, a painter, markets and sells fluid artwork via her website, Instagram, and Facebook. Client believes AP is infringing on Client's rights by making and selling works similar or derivative of Client's work. Client would like assistance in reviewing a cease and desist letter Client drafted and to explain what additional steps she can take to stop any infringement.

A3421-1-D: ARTIST NEEDS ASSISTANCE WITH COPYRIGHT INFRINGEMENT

Client is an accomplished painter who has had their photo-realistic work displayed in the Georgia capital and around the country. Client and Adverse Party were acquaintances. AP used Client's painting to create and sell apparel and accessories without Client's permission on 3rd Party Website. Client seeks to stop the sale of these items and all available remedies.

A3496-1-D: POSSIBLE COPYRIGHT INFRINGEMENT AND COPYRIGHT REGISTRATION

Client was born in Jamaica and wrote a song about her trials and tribulations while living in the U.S. Client originally recorded the song in 1997-98 in Kingston, Jamaica at APs recording studio, and AP gave Client a CD and a cassette tape of the master recording. Around 2018, Client wanted to promote her song through a music distribution company but had to re-record the song because the CD was lost and the cassette had deteriorated. AP is claiming rights in the song and had the digital music site take down the song. Client is seeking an attorney's assistance to determine who owns rights in the song and, if applicable, help her register it with the copyright office.

LITIGATION/PRE-LITIGATION

A2560-1-L: MUSICIAN NEEDS ASSISTANCE WITH COPYRIGHT INFRINGEMENT

The Client is an Ecuadorian musician who grew up in a musical family. Client worked hard to make it as a musician, taking singing and acting classes and entering talent show contests. Client wrote a song in 2006, registered it with BMI and Copyright Office, and released it on a mix-tape in 2009. A Producer liked the song and worked with Client to change the beat. Years later, Artists worked with Producer and released a song by the same name with extremely similar lyrics. Client has documentation of his relationship with the Producer and the Producer's later relationship with Artists. Client has sent multiple cease and desist, and demand letters. Client wishes to file suit against the infringing party.

A3390-1-L: CLIENT SEEKS VALUE OF HIS CONTRIBUTION TO CREATION OF COMPANY

Client is a graphic artist and musician. Client, with Adverse Parties (AP) , brainstormed business ventures. Client created the very first "business booklet" for a business venture, containing images and design elements for company's branding. Client later wrote a jingle for the APs. Client was not compensated for any of his work. Client seeks damages and equitable relief.

A1626- 2-L: BREACH OF CONTRACT

Client, a graphic designer, filed a case in the Supreme Court of NY County of Nassau for breach of contract and fraud against her former business partner and the companies they owned together. AP's were served but did not respond in a timely manner, and Client received a default judgment. AP’s responded to default judgment, and the court reversed its decision based on statute of limitation issues and ordered the matter to go to trial. AP's have asked the court to reconsider its prior finding and extend the time to make a motion for summary judgment. Client must respond to the order to show cause by May 3rd with a pretrial conference scheduled for May 6. The other side has agreed to an adjournment of the pretrial conference. Client feels she can handle these two steps on her own, but seeks assistance with proof of damages and possibly trial by an attorney licensed in NY.

MISCELLANEOUS

A3399-1-M: DMCA TAKEDOWN ASSISTANCE/RESPONSE TO LETTER

Client, an interior designer, primarily works designing the interiors of night clubs. Client hired two APs as independent contractors to assist in creating a "design video" that Client used to illustrate her design to her client. Client terminated one of the APs, and this AP removed Client's logo from the design video, replaced it with her own logo and posted it on YouTube misrepresenting that the design was AP's. Client seeks to have the video removed from the internet and wants to ensure offending AP does not continue to claim the content as AP's. AP also sent a letter requesting payment for work on projects completed after her termination, and Client needs help with a response to this letter.