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February 21, 2017, PA Act 170 of 2016 went into effect with the stated purpose modernizing, clarifying, and replacing outdated laws.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.
Read moreOver 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.
Read morePreviously, I've written about the digital "resurrection" of Tupac Shakur, Ronnie James Dio and others. This week marked a giant leap forward (or backward depending on your worldview) in that trend. The late Peter Cushing, who among other famous roles played the iconic Governor Tarkin in Star Wars Episode IV: A New Hope, turns in a new "performance" 22 years after his death in the newly released Disney film, Rogue One.
How is this possible? Digital manipulation of Cushing's likeness. This is the latest in a line of developments where deceased musicians have "appeared" by hologram in concert, actors from bygone eras are inserted into TV commercials for vacuum cleaners and other products.
With the release of Rogue One, it is indeed a different paradigm now in film, tv and video content. We are rapidly approaching an era where people's likenesses can be resurrected via CGI after death to create new "performances" in future years that we can't now contemplate. What is a live performance really mean in this context?
Read moreWhen you are the owner of one of the most valuable film franchises in history, you have to take steps to protect your intellectual property ("IP"). Lucasfilm certainly can't be faulted for that.
Lucasfilm has filed suit in federal court in California to enforce its rights against a school calling itself the Lightsaber Academy, which advertises that it teaches the "Art of Lightsaber Combat", and various instructor certifications for a fee. Thus, the Lightsaber Academy people look like they are engaging in a commercial activity while utilizing the words "Jedi" and "Lightsaber".
Read morePennsylvania is home to at least two major orchestras, one in Philadelphia, and another in Pittsburgh. Both experienced (or are now experiencing) labor strife, but with two very difficult outcomes.
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