Bryan Tuk Named to Board of Directors of Pittsburgh Youth Chorus

Bryan Tuk has been named to the Board of Directors of the Pittsburgh Youth Chorus.  "We are delighted to welcome Bryan Tuk to our board of directors." said Edwina French, Executive Director of the Pittsburgh Youth Chorus.  "His legal expertise, coupled with his knowledge and personal experiences working with non-profits, will be a tremendous asset to Pittsburgh Youth Chorus as we work to increase our outreach in the Pittsburgh region."

"Engaging in the community is incredibly important.  With TLO's continuing expansion into Pittsburgh, this is a terrific opportunity to support a worthy nonprofit arts organization that is doing great work there," said Bryan Tuk. 

As the Pittsburgh region’s leading and premier choral ensemble for young singers, Pittsburgh Youth Chorus is dedicated to enriching lives through professional-level choral education and performance.  Pittsburgh Youth Chorus provides opportunities for a diverse group of children to realize their innate artistic potential and share experiences that enrich their lives while benefiting their families and communities. Over the years, more than 2200 children and teens have participated in PYC's progressive program of choral education, mastering challenging choral repertoire in a variety of genres and languages and receiving a solid education in music theory and vocal production.

Nonprofit Law Update: Pennsylvania Creates Nonprofit LLCs and Benefit Companies

Nonprofit leaders have some new options when it comes to how to organize their business.  Recent changes to Pennsylvania law have paved the way for the easier creation of charitable entities. 

On February 21, 2017, PA Act 170 of 2016 went into effect with the stated purpose modernizing, clarifying, and replacing outdated laws.  Act 170 amends Title 15 (Associations Code) and Title 54 (Names) of the Pennsylvania Consolidated Statutes.  

In general, Act 170 replaces the 1914 version of general partnerships, limited partnerships and limited liability companies with the Uniform Partnership Act (UPA), the Uniform Limited Partnership Act (ULPA) and the Uniform Limited Liability Company Act (ULLCA). These changes create better consistency between an LLC and Corporation, and clarify taxation and owner protection. 

The big news for nonprofit leaders, however are the provisions of Act 170 which are specifically related to nonprofits, namely the creation of Nonprofit LLCs and Benefit Companies.

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Copyright Law & Marching Arts: The School Concert Exemption

Over the past few months, I have had in depth conversations with WGI, DCI and DCA ensemble directors about Copyright Law and how the changing legal landscape is affecting the Marching and Pageantry Arts.   One of the main discussions is about when performing ensembles fit into the School Concert Exemption of the Copyright Act. 

Let's rewind: The Copyright Act (the "Act") is a federal law that regulates the rights of creators and the rights of third parties to use licensed (i.e. copyrighted) content.  The basic rule is that one cannot legally reproduce, perform or distribute the copyrighted work of another person unless: 1) you have obtained a written license from the rights holder to do so, or 2) your particular use fits into one of the exemptions contained in the Act.  

Note: For the purposes of this discussion, we are not going to talk into the Fair Use Doctrine, which is a subject unto itself. 

One of the exemptions contained in the Act is known as the School Concert Exemption. 

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Election Law Update: TLO Scores Another Victory for the Luiz Garcia for Mayor Campaign in PA Commonwealth Court

In an eleven page opinion, which you can read below, The Pennsylvania Commonwealth Court affirmed last week's decision by Lehigh County President Judge Reibman to dismiss the Petition to Set Aside which was filed against TLO Client Luiz Garcia, who is running for the GOP nomination for candidate for Mayor of Allentown.

President Judge Reibman's ruling focused on the Court's lack of jurisdiction to consider the Petitioner's allegations.  The Commonwealth Court opted to decide the appeal on the merits, and noted that "there is no legal authority supporting Objector's petition."

For the full decision, see below:

Election Law Update: TLO Scores Victory for Luiz Garcia, Republican Candidate for Mayor of Allentown

Tuk Law Offices successfully represented the Luiz Garcia for Mayor campaign in the Court of Common Pleas in Lehigh County.   In opposing a petition to set aside Mr. Garcia's nominating petition, Tuk Law Offices successfully argued that the Court was without jurisdiction to consider the Petitioner's allegations.  

The Petitioner, Jessica Pearse, is a 20 year old Muhlenberg College student with no apparent full time job.   Somehow the Petitioner had enough financial resources to hire not one but two large law firms to handle two separate petition challenges in the Allentown Mayor's race.   

The Petitioner's legal argument was not based on the Pennsylvania Election Code, but rather it was a stealth attempt to enforce provisions of the Allentown Home Rule Charter and Administrative Code against Mr. Garcia.  

Petitioner failed to prove any violations of either the Charter or Code, as noted by President Judge Reibman in his Memorandum Opinion which was issued March 27, 2017.  The full text of President Judge Reibman's Opinion in this case can be read below. 

This was a case of first impression in Lehigh County.  President Judge Reibman dismissed the petition with prejudice.  News coverage can be found here. 

Mr. Garcia's campaign for Mayor of Allentown continues.