"Why would an artist need a lawyer?" This question is frequently asked upon first hearing the name of our organization, "California Lawyers for the Arts."
Consider the following situations:
A muralist was commissioned to create a major work of art on the wall of a building. The building has changed ownership and the new owner, ignorant of the federal and state statutes protecting mural art, has painted the building wall white, completely obliterating the artist's creative work.
A composer and songwriter, while at a movie with a friend, hears her song in the soundtrack of the film with no attribution or royalty.
An executive director of an arts organization learns that a small faction on the board of directors is holding secret meetings to try to force him out.
Where can these artists turn for assistance?
In each of these instances, California Lawyers for the Arts is prepared to come to the rescue.
What is California Lawyers for the Arts?
Established in the Bay Area in 1974 by a group of concerned attorneys and artists, and now with four offices statewide, California Lawyers for the Arts (C.L.A.) is a nonprofit 501 (c)(3) corporation whose mission is to establish a bridge between the arts and the legal community in order to empower artists and arts organizations with greater knowledge of their legal rights and the means by which to assert and protect them.
C.L.A. provides low cost or pro-bono legal support services, including lawyer referrals, legal education and alternate dispute resolution services to artists of all disciplines, to arts organizations and the community at large. The Sacramento office opened in 1996 and is staffed by Ellen Taylor, the Director of Sacramento Programs, and student interns selected from area law schools. The successful development of its programs in response to the need in Sacramento has elevated C.L.A. to its present prestigious position in both the art and legal communities. This could not have been possible without the assistance of an outstanding Sacramento Advisory Committee, some members of which have been involved since its inception in 1996. This dedicated core group of volunteer artists and attorneys has influenced the growth of C.L.A.'s services by donating their time and expertise not only to the individual programs described below, but by actively designing and assisting in the presentation of some of Sacramento's outstanding arts events while creating fundraising opportunities for the local office of the organization.
In accordance with our mission, California Lawyers for the Arts' programs have been developed with a common theme. The program that serves as the centerpiece for C.L.A., around which all other programs revolve is Arts Arbitration and Mediation Services (A.A.M.S.), an alternate dispute resolution program for the arts community through which arts-related disputes are diverted from the courts and resolved through mediation, including negotiations counseling, and facilitation. Arbitration is offered where indicated or mandated by contract. While some cases involve complex legal issues, such as eminent domain, copyright infringements, employment disputes or business dissolutions, many cases illustrate the common problems of artists sharing a studio, being paid, having artwork returned and partnership difficulties. C.L.A. offers training programs through which artists, arts administrators, attorneys, accountants and others acquire the skills to serve as mediators and arbitrators on a volunteer panel.
When there is a need for straight forward legal advice, C.L.A. offers a Lawyer Referral Service (L.R.S.). C.L.A. maintains a roster of attorneys to whom artists and arts organizations may be referred for advice on legal issues whether arts-related or not. Issues ranging from contract review and licensing agreements to copyright infringements and landlord/ tenant issues can be discussed with an attorney in the required specialized area. C.L.A. welcomes attorneys with intellectual property background to inquire about joining either the fee-based or pro bono panel.
To serve the arts and entertainment community and the general public, C.L.A. offers Educational Art/Law workshops and Speakers Programs which educate artists and the community on issues ranging from contracts and insurance to more cutting-edge matters such as the ethics of digital downloading. Programs are also available for presentation to the region's schools, for students from high school through university. Our newest offering, Mediate! Youth & Art is a program designed to teach conflict resolution skills to teenagers and at the same time introduce them to concepts and involve them in the creation of art.
C.L.A. encourages interested attorneys and business professionals to provide their services and expertise to C.L.A.'s programs as educators, advisors, mediators and financial supporters either on a referral basis or as a much valued volunteer. Please phone Ellen Taylor at (916) 442-6210 or e-mail clasacto@aol.com for more information. March / April 2005 |