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Question of the Week

September 21-28, 2021
Our 501(c)(7) family association has held annual reunions for more than 100 years on land we own, improved with a pavilion and outbuildings, overlooking our Swiss ancestor’s original homestead. We are exploring amending our 1910 charter and bylaws to obtain IRS reclassification as a 501(c)(3) charity to qualify for tax deductible donations to help underwrite property, reunion, and website expenses. Presently, only descendants of our original ancestor can be members.  Does this restriction constitute an automatic IRS disqualification?  Might we qualify if we broaden our mission to educating... read more

Employment Law


As a plaintiff, you have to be concerned when the first sentence of the court’s opinion says...Read more

Employee wins punitive damages for failure to accommodate

A former employee of a nonprofit family...

NY whistleblower law creates private right of action

An employee of a foundation who complained of...

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What Every Nonprofit Needs to Know about Copyright and Fair Use

Nonprofit organizations create and use copyrighted materials every day.  But they don’t always concern themselves with the process of protecting their rights in the works they create or in obtaining permission to use works created by others where required.

Do they really own what they think they own?  Can they protect the materials they have created from the unauthorized use of those works by others?  And if so, how?  Can they use works created by others without permission?  Is their use of the works of others, or the use by others of the works of the nonprofit, a “fair use”?  Can the nonprofit, or the author of the work, recover damages for infringing use, or obtain an injunction to prevent the use altogether?

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Lead Stories

August 17, 2021
When the widow of British explorer and artist Herbert Ward gave the family collection of 2241... Read more
Amazon Smiles May Reject Alleged Hate Group

An alleged hate group may be rejected from...

Supreme Court Says California Cannot Require Filing of Schedule B

After nearly a decade of litigation over...

Lessons from Litigation


A plaintiff seeking damages for defamation from the Southern Poverty Law Center, a 501(c)(3)...Read more

Release fails to protect city from sinkhole liability

A broad release signed by a participant...

DAF donor lacks standing to complain about fees

A donor to a donor advised fund has no...

Museum’s use of photo is “fair use”

The Metropolitan Museum of Art’s use of a...

Tax Matters

September 3, 2021

A former state senator who operated a charity out of his senate office has been unable to...Read more

Tax Court affirms excess benefit taxes, penalties

In a rare case in which the imposition of...

Senior home denied tax exemption

A Pennsylvania appellate court has affirmed...

Tax Court denies exemption to African artifact museum

A nonprofit created to promote and exhibit...

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