→ print this page | email this page
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: Who qualifies for legal assistance from PVLA?
A: The PVLA program assists artists and arts and cultural organizations on arts-related legal issues. If you are unsure if you qualify, feel free to contact us at 215.790.3836 to inquire about your eligibility .
Q: If I contact PVLA with questions, will a lawyer respond?
A: The PVLA program provides legal referrals to attorneys. Our program staff will make arrangements for one of the PVLA program volunteer attorneys to assist you; we do not provide legal advice over the telephone.
Q: What is the process for an artist or an arts and cultural organization to obtain legal assistance from the PVLA program for an arts related legal matter?
A: To access legal assistance you can: (1) submit an online request; (2) email us at pvlalegal@artsandbusinessphila.org; or (3) call one of our Legal Services Coordinators at 215.790.3836 ext. 1. He or she will gather all the pertinent information about your legal issue and make arrangements for you to receive one-time telephone consultation with a volunteer PVLA attorney (a Legal-Line) , one-time telephone consultation with a volunteer PVLA attorney regarding a one- to three-page document (an ArtFax) , or Full Service Representation.
Q: How long will it take for me to get an attorney referral?
A: We can usually secure a referral for you with an attorney within one day to fourteen days. If your matter is more complex, it may take a little longer .
Q: What should I do once I get a referral telephone call and/or referral confirmation letter from PVLA?
A: Once we are able to secure an attorney referral for you we will call you and send you a referral confirmation letter. As soon you as you hear from us we ask that you immediately contact the attorney we have referred you to. It is important that you contact the attorney right away because he/she will be expecting your call.
Q: How many attorneys may I choose from?
A: There are almost 600 attorneys who volunteer their time with the PVLA program. Once you contact us we will match you with an attorney who practices in the particular area of law of your arts-related legal issue.
Q: What is the cost for PVLA legal consultation?
A: There is no charge to arts client to receive Legal-Line assistance (one-time telephone consultations with a volunteer attorney) or ArtFax assistance (one-time telephone consultations with a volunteer attorney regarding a one- to three-page legal document).
There is an application fee of $25.00 for 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. that occur as a result of the Full Service representation.
Q. Who qualifies for Full Service 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 $3000 credit per dependent
Q: What if I don't qualify for Full Service representation?
A: If you or the organization that you represent do not qualify for Full Service representation because of income/budget levels, then you will still be eligible for a 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 New 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 Kathleen Carignan, Esq., program director, PVLA or 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).
TDRA Update
Written by Miriam Hohag
Tuesday, 26 June 2007
In October of 2006, federal trademark law was changed by the Trademark Dilution Revision Act.
An owner of a famous trademark is now protected against only two distinct subsets of dilution: Dilution by Blurring and Dilution by Tarnishment.
Additionally, the definition of “famous” for purposes of dilution protection has been restricted to what is “widely recognized by the general consuming public of the United States.” Fewer marks, following this revision, will be considered to be famous, as a higher threshold has been set.
However, the bar for protecting famous marks has been lowered, offering more dilution protection to the most famous marks. Only a “likelihood of dilution” must be found in order for dilution by either blurring or tarnishment to be recognized under the Lanham Act.
Additionally, the act clarifies fair use has been clarified, with the act providing for comparative advertising, identification, parody, criticism, news commentary, and any noncommercial use.
Sources:
Lanham Act: 15 U.S.C. 1051 et seq. (2000).
Trademark Dilution Revision Act of 2006: H.R. 683, 109th Cong. (2006)