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Frequently Asked Questions
There are a number of questions that the arts community and attorneys have regarding the PVLA program and the services we provide. Our responses are provided below along with other information that you may find useful.
Questions from the Arts Community Regarding the PVLA program
Q: What is the cost for PVLA legal consultation?
A: As of October 2010, our PVLA service application process includes proof of income documents and a nonrefundable application fee. These materials are only required if an artist or arts or cultural organization would like to apply to be matched to an attorney for pro bono legal representation or advice. These materials are unnecessary for those clients who would liek to request a referral list or educational materials. Application fees may be waived upon showing of harship.
For more details on our application process, please contact us.
→ PVLA Application Fee Hardship Policy and Waiver (pdf)
The initial application fee for a core pro bono services (Legal Lines, ArtFaxes, and Full Service Representations) is $50. Full Service representation carries a $75 fee for individual artists, $100 fee for arts collectives, and a $175 fee for qualifying NPOs. Additional fees, fee credits and waivers are at the discretion of the Director. In a Full Service representation, the volunteer attorney's time is pro bono, but you will be responsible for any out-of-pocket costs such as filing fees, postage, etc.
Q: Who qualifies for pro bono representation?
- Nonprofit arts and cultural organizations with an annual budget of $1 million or less
- Artists whose gross income is $35,000 or less per year ($55,000 for a married or cohabiting couple) with a $3,000 credit per dependent
- At the discretion of the Director, unincorporated artist groups (each member's individual gross incomes must be $35,000 or less per year)
Q: What if I don't qualify for Full Service representation?
If you or the organization that you represent do not qualify for pro bono representation because of income/ budget levels, then you will still be eligible for legal referral. We will provide you with a courtesy list of attorneys who practice in the area of law that you need and who may be able to assist you for a fee.
Questions from Attorneys and Law Students Regarding PVLA and Our Services
Q: I'm a lawyer, how do I volunteer for PVLA?
A: We're always happy to have new volunteers. Click here for our Volunteer Application .
Q: Do I have to be an arts or entertainment lawyer to volunteer with the PVLA program?
A: Volunteering with PVLA is not limited to arts and entertainment lawyers. We seek the expertise and assistance of attorneys from diverse background who have expertise in any number of practice areas including but not limited to b usiness, tax (individual and nonprofit), bankruptcy, litigation, real estate, copyright, trademark, and insurance.
Q: I'm a law student, how can I become a Legal Services Coordinator?
A: Please send your resume and a cover letter to the attention of Miriam K. DeChant, Esq. , Director of Legal Servicesor call 215.790.3822
General Questions
Q: What is a nonprofit organization? What does that classification mean?
A: A nonprofit organization is one that is organized primarily for service, charitable, educational, scientific, or other similar purpose and funnels all of the net proceeds from its operations back into the organization.
Q: I'm thinking of forming an organization with nonprofit status. What process do I have to go through and how do I know if my organization is eligible?
A: There are a number of excellent resources in the Greater Philadelphia Region that provide assistance with forming nonprofit organizations, such as:
- University of Pennsylvania Law School Clinic
- Nonprofit Center (formerly the LaSalle Nonprofit Management Development Center)
- Center for Community Non-Profit Organizations
Q: Does PVLA help shop or promote music? Does PVLA ever act as an agent for music artists?
A: PVLA does not help shop or promote music, nor act as an agent for music artists.
Q: Can PVLA help get contacts in the music and entertainment industry or the literary world?
A: PVLA is not able to help get contacts in the music and entertainment industry or the literary world.
Artists' Frequently Asked Questions about Trademarks
The following are general questions about trademarks that are frequently asked; please keep in mind the information below does not constitute legal advice.
Q: What is a trademark?
A: A trademark is an identifying mark on goods or services that a consumer associates with the source of the good or service. For example, Nike's swoosh identifies Nike products. The more recognizable the trademark, the more value it has to the owner. A band name or logo also may be a trademark.
Q: What is the difference between the symbols '®' and '™'?
A: When the owner of a mark has not registered the trademark with the government, but still wishes to claim ownership, they may attach the '™' on any part of the mark to give notice to the public of his ownership. It is illegal , however, to attach the '®' without receipt of federal trademark registration.
Q: Where can I go to learn about the difference between a copyright, a trademark, and a patent?
A: The United States Patent and Trademark Office and The United States Copyright Office both provide information sections that may address your basic questions.
Q: How do I register a trademark?
A: Forms and fee information are located at The United States Patent and Trademark Office . Contact PVLA if you are in an arts or arts and cultural organization and would like guidance from a volunteer attorney.
Q: What do I do if someone else starts using my mark for his product?
A: In this situation, it is generally best to speak with an attorney who can advise you on your best course of action. Contact PVLA if you are an artist or arts and cultural organization to speak to a volunteer attorney.
Lawyers' Frequently Asked Questions about Trademarks
**Please see generally: Lanham Act: 15 U.S.C. 1051 et seq. (2000); Trademark Dilution Revision Act of 2006: H.R. 683, 109th Cong. (2006).
Q: What is a trademark?
A: A trademark is a source identifier that connects the consumer to the origin of a given product.
Q: What is trademark dilution?
A: Trademark dilution occurs when the integrity of the mark is compromised in one of two ways: by blurring or by tarnishment. In either situation, the mark ceases to function effectively as a source identifier for the product.
Q: What is dilution by blurring?
A: Blurring occurs when an association with the mark impairs the mark's distinctiveness in the eye of the consumer. The Trademark Dilution Revision Act of 2006 (See TDRA Update) provides several factors for determining dilution by blurring.
Q: What is dilution by tarnishment?
A: Tarnishment occurs when an association with the mark harms the mark's reputation (See TDRA Update).
Q: When is a trademark considered "famous" for purposes of federal dilution protection?
A: The qualifications of a "famous" mark for purposes of dilution protection have been changed under the Trademark Dilution Revision Act of 2006 (See TDRA Update). Generally speaking, the mark must be "widely recognized by the general consuming public of the United States," which effectively cuts out niche fame. A mark which is famous only in a small region would not qualify as famous for dilution protection.
Q: How has the standard for dilution protection changed recently?
A: The Trademark Dilution Revision Act of 2006 (See TDRA Update) has changed the standard from "actual dilution" to "likelihood of dilution."
Q: How have the fair use defenses against dilution changed under the TDRA?
A: Fair use has been clarified, with the act providing for comparative advertising, identification, parody, criticism, news commentary, and any noncommercial use (See TDRA Update). Trademark Dilution Revision Act of 2006: H.R. 683, 109th Cong. (2006).
More Questions?
Contact Miriam Dechant, Esq., Director of PVLA, at 215.790.3822 or mdechant@artsandbusinessphila.org.
