Klarinet Archive - Posting 000125.txt from 2012/01

From: "Doug Potter" <doug@-----.net>
Subj: Re: [kl] community bands
Date: Mon, 23 Jan 2012 00:07:19 -0500

The issue of whether you charge or collect donations is somewhat independent
of the "right to perform" a given set of music.

The performance rights are usually handled by one of two three lettered
agencies (BMI or ASC?). They would typically like you to pay some
percentage of the ticket price as the license fee. As far as I can tell,
the biggest issue is that there is a minimum yearly fee of more than $300.
They will exempt you if all the performers are not paid (and perhaps you
can't charge anything). In our case, we do pay our conductor, so that
didn't apply.

Most of what we play is public domain (out of copyright - which appears to
be the same as the performance rights). About two years ago, we used an
arrangement that was not out of copyright. Someone from one of these
agencies saw our concert repertoire on the internet, and wrote us a letter
requesting that we pay up for performing the piece. Fortunately we were
able to contact the arranger who granted us performance rights for no
charge. Since then we've been very careful about using compositions for
which performance rights are an issue.

Doug Potter
President and Webmaster, Rain City Symphony

-----Original Message-----
From: Jhzkr@-----.com]
Sent: Sunday, January 22, 2012 4:13 PM
To: klarinet@-----.com
Subject: Re: [kl] community bands

Lee Ann,
Thanks! FYI The band is a 501(c) (3) organization. All the concerts are
free and donations are tax deductable.
Judy

In a message dated 1/22/2012 6:03:14 P.M. Eastern Standard Time,
hns692@-----.com writes:

The IRS, copyright law and whatever else is codified controls a band's
right to charge for performances . . . or asking for "donations." I'd
suggest that all community groups have a separate counsel to direct them on
this matter. Many groups have been fined for playing music that is still
under copyright and not public domain, and therefore rights to perform the
music

need to be obtained for a fee or a royalty payment of some kind needs to be
made. Be careful and have an attorney at hand. I'd like to think that
band performances flow the way the economy does. It gets better, etc.

Lee Ann Hansen
Eb/Bb Clarinet
First John Philip Sousa Memorial Band

In a message dated 1/22/2012 11:47:23 A.M. Central Standard Time,
Jhzkr@-----.com writes:

Many of you play in community bands so I've a few questions for you.
If
the band is giving a free concert, is there a good reason why a container
labeled "donations may be made here" should not on the table where the
band's
CDs are being sold in the lobby of an auditorium? The directors seem
to
feel that you shouldn't ask for donations if you've advertised the
concert
is free. Also, how are your bands handling the current financial
crunch?

We've lost a few well paying jobs because some organizations have
discontinued events. We do not want to raise rates, but need to replace

that income.
Also, many of us do not want to change the venue for our two major
concerts of the year, even though it's a large expense, because any
location we change it to would cut our 1,000 plus attendance in more than
half. I'm

looking for ideas, so any one's response/ideas, pro or amateur, are
welcome.

"Recently elected board member of a community band"

Judy Christie

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Lee Ann Hansen
Eb/Bb Clarinet
First John Philip Sousa Memorial Band

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