Klarinet Archive - Posting 000130.txt from 2012/01

From: hns692@-----.com
Subj: Re: [kl] community bands
Date: Mon, 23 Jan 2012 10:02:08 -0500

Thanks for the info. I've left the minutia of legal requirements to our
oboe player-attorney. Sousa Band uses all volunteer players, we don't do
merchandise, and we don't charge the public for performances; the only thing
charged for is a yearly gig at a restored Lowes theatre where Sousa's Band
played -- and that charge is only to recover expenses. Luckily, we have
permanent venues for indoor and outdoor concerts provided by our sponsor,
the City of Edina. We use a lot of public domain music because that's the
music Sousa's Band would have played and that old stuff is new to us . . .
some of it great fun to play.

Lee Ann

In a message dated 1/22/2012 11:29:13 P.M. Central Standard Time,
kevin.fay.home@-----.net writes:

Lee Ann Hansen posted:

<<<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.>>>

Membership in The Association of Concert Bands (see
http://www.acbands.org/Member-Benefits.html) will get your group, for the
low, low everyday price of $225 per year, a blanket ASCAP/BMI performance
license for whatever your perform. Reason enough to join.

Anyone can ask for money at any time. The only "legal" issue is whether
the
gifts are tax-deductible to the donor. If you have done the formal
certification under Section 501(c)(3) of the Internal Revenue Code, it's
guaranteed. (If you haven't, the donor might still deduct, but the IRS
could challenge the deduction.)

The rules are arcane. If you charge your members dues, they are probably
not tax deductible. OTOH, a suggested "member donation" would be. If you
sell them merchandise, only the amount above the fair market value is
deductible.

kjf

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