Klarinet Archive - Posting 000134.txt from 2012/01

From: hns692@-----.com
Subj: Re: [kl] community bands
Date: Mon, 23 Jan 2012 14:02:23 -0500

This is a many faceted and complicated area and needs legal expertise.
That does not necessarily mean hiring an attorney, but at least have someone
who is licensed to give legal advice close at hand in case of a problem.
In the case of a 501(c)3, the IRS has reporting requirements that could
trigger an audit of the group's records -- I suspect a random act to fulfill
internal requirements -- like random audits done routinely on unsuspecting
taxpayers.

Isn't there an attorney, retired or otherwise, who is also on the list,
to clarify any misconceptions here?

lah

In a message dated 1/23/2012 12:41:21 P.M. Central Standard Time,
timr@-----.com writes:

Lee Ann wrote:
> 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.

The IRS doesn't so much care about this. The copyright law does contain
a clause that exempts the license requirement for performances "without
any purpose of direct or indirect commercial advantage and without
payment of any fee or other compensation for the performance, promoters,
or organizers", as long as there is no admission charge and all the
proceeds are used for charitable purposes. Many have interpreted this
as meaning that free concerts are exempt, but not all lawyers agree.
The phrase "indirect commercial advantage" is pretty slippery.

Echoing Kevin Fay, the best solution, in my opinion, is to join the
Association of Concert Bands. Their blanket license with both BMI and
ASCAP gives you performance rights for anything they cover, which is
virtually everything.

Note, however, that this is performance rights, not recording rights,
nor broadcasting rights. Those are entirely separate.

--
Tim Roberts, timr@-----.com
Providenza & Boekelheide, Inc.

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