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[aloha-donblanding] Non-profit foundation

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  • Cadia Los
    Hi, all... I spoke with a friend yesterday about setting up the Aloha, Don Blanding Collectors Society as a non-profit foundation in Washington State. Turns
    Message 1 of 12 , Mar 15, 2000
      Hi, all...

      I spoke with a friend yesterday about setting up the Aloha, Don
      Blanding Collectors Society as a non-profit foundation in Washington
      State. Turns out, he set one up for one of his environmental
      interests, and the process is quite easy.

      He's going to walk me through obtaining and filing the proper forms.
      Resgistration with the (WA) Secretary of State's office takes about a
      month. A form also has to be filed with the IRS. But nobody checks up
      on you unless significant money is coming and going (over about $3000 a
      year). Maintaining the state registration costs $10 a year.

      What we need to do first:

      (1) Draft statement of purpose and by-laws for the foundation.
      (2) Elect officers (President, Vice-President, Secretary and Treasurer).

      Nominations and the election can be held by mail...even by e-mail.
      Officers can reside anywhere. However, as a Washington State resident,
      I am nominating myself as President.

      I will know more once I have the necessary forms. But proposed drafts
      for the by-laws and statement of purpose (these can be pretty brief)
      are welcome now. And nominations are open for officers. I think any
      election should wait until Keith returns from vacation, and anyone else
      should let us know if they will be away from the group during April so
      that a snail-mail ballot can be sent. At present, we have 49 members;
      I hope each of you will take part in this process.

      Comments?

      ~~Cadia
    • TJMarkle@cs.com
      Cadia: Please don t interpret this as negative. I have only have questions for the group. What is the immediate advantage of setting up the non-profit, if we
      Message 2 of 12 , Mar 15, 2000
        Cadia: Please don't interpret this as negative. I have only have questions
        for the group. What is the immediate advantage of setting up the non-profit,
        if we have little money to purchase or operate? Can this lead us to bigger
        things, or are we just shuffling paper. If I read this right, we can have up
        to $3000 per year in an account, from which we can purchase DB's
        Art/Books/Memoriabila? I do like this part if thats what we can actually do.
        Do we then charge a membership fee to belong? How do we generate money?
        Can the Non-profit status be used to get into bigger Foundation Grants, or
        other area's that will support us?
        Don't get me wrong, I like these ideas you are coming up with, I just
        have to analyze, evaluation, assess, as it is in my nature.
      • TJMarkle@cs.com
        CARMEL PINE CONE - going out in the mail by Friday to those who expressed interest. I will put out a general announcement of the cost reimbursement to me, but
        Message 3 of 12 , Mar 15, 2000
          CARMEL PINE CONE - going out in the mail by Friday to those who expressed
          interest. I will put out a general announcement of the cost reimbursement to
          me, but it appears to be less than$12 per person including mailing. Each
          person might have a different mailing cost, though I think the Post Office
          said it would be about $3.25 per mailing. Enjoy....
        • Cadia Los
          TJ, We NEED people to analyze and question ... I guess we re sort of a think tank, and that s how ideas and solutions are discovered. The purpose of setting up
          Message 4 of 12 , Mar 15, 2000
            TJ,

            We NEED people to analyze and question ... I guess we're sort of a
            think tank, and that's how ideas and solutions are discovered.

            The purpose of setting up a non-profit is multi-faceted. First, a
            foundation is in a position to raise funds for its projects via
            tax-deductible donations, membership dues, admissions charges and
            licensing fees, and marketing various products (T-shirts, canvas
            totes, notecards/postcards, calendars, posters ....). The central
            purpose of such a foundation would be to foster and encourage the arts
            as related to both Don Blanding and to Hawaiian culture.

            Remember the "aloha spirit?" How DB was accepted and embraced by the
            native Hawaiians. They gave of themselves; it is time that someone
            gave back...on behalf of Don Blanding. Through fund-raising, we could
            set up a scholarship fund dedicated to helping young people pursue a
            career in the arts (especially writing and illustration) and to
            preserving Hawaiian culture as well as the work of Don Blanding.
            Assisting native Hawaiians would be a primary goal, but such a
            scholarship fund would not be limited to one ethnic group. Research
            grants are also a possibility.

            One goal would be to acquire the copyright to all of DB's work. Then,
            anyone who wishes to publish or otherwise use his writing or art would
            require the foundation's permission and pay a licensing fee. This is
            an area we need to look into further, especially in regard to potential
            income.

            The foundation would also set aside funds (an expense budget) to
            acquire DB-related material, assist researchers, set up exhibits,
            lecture tours, discussion groups, assist existing museums, libraries or
            historical societies...and yes, maybe even purchase a permanent
            "museum" home for DB. (Somehow, I think he would have preferred
            traveling exhibits to a permanent home.) You've heard of art and
            artifacts being "on loan" to a museum? That is, owned by an individual
            or group, but on temporary or permanent loan to an institution?

            The $3000 figure is not a funds limit of any kind; when assets exceed
            that amount, a non-profit foundation must file certain forms with the
            IRS.

            One point not to be overlooked is the credibility (clout) that an
            organization holds over a loosely knit group of individuals. Such
            credibility opens doors, gets media attention and, above all, attracts
            donations of money and materials.

            Promotional opportunities are endless. For some time I have wanted to
            develop a line of postcards/notecards based on DB's work and on the
            Vernon Kilns dinnerware designs. Such a project could be easily
            integrated into a fund-raiser for the foundation (although keep in
            mind, I have to earn a living, too!). I know from experience how
            successful such cards are, as are calendars and other useful souvenir
            items. My area of expertise is antiques/collectibles shows. Let me
            tell you, anything related to Blanding, Hawaiiana, Vernon Kilns ...
            sells!

            ~~Cadia
          • Gerald Argetsinger
            ... The issue of copyright has also been on my mind. Under the laws when DB was writing, I believe a copyright lasted 28 years and could be renewed one time.
            Message 5 of 12 , Mar 16, 2000
              Cadia Los wrote:

              > One goal would be to acquire the copyright to all of DB's work. Then,
              > anyone who wishes to publish or otherwise use his writing or art would
              > require the foundation's permission and pay a licensing fee. This is
              > an area we need to look into further, especially in regard to potential
              > income.
              >

              The issue of copyright has also been on my mind. Under the laws when DB was writing,
              I believe a copyright lasted 28 years and could be renewed one time. Under the most
              recent laws, copyrights are good until 50 years after the writer dies. But I have no
              idea if the new law applied back to previously published works. I also know that
              Disney and other corporations just got the law extended (I think to 75 years) for such
              profitable items as Mickey Mouse . . . but I have no idea if the extention is general
              or limited to commercial applications.

              We will probably have to consult a copyright attorney to get some questions answered.
              It SEEMS that no one has bothered to renew the DB copyrights. IF they did, it SEEMS
              that all of his work will go out of copyright within six years. It SEEMS as though
              the folks who reprint DB books and poems are doing it without copyright permission and
              that there is really no one out there who cares.

              A couple of years ago I tried to track down this question by attempting to trace who
              acquired the copyrights from Dodd, Mead when it was sold or acquired. I was no where
              near successful with that. As one unidentified publishing executive in a "Right's"
              office told me, "There's not a significant market for that material. It's not worth
              the expense to chase down the copyright holder. The only way it will be pursued is
              if someone figures out a way to make money off of them. THEN people will show up out
              of the woodwork claiming to have the rights." In other words -- don't bother us . .
              . do what you want . . . but you'd better not make any money because THEN we will
              track this down.

              Makes me nervous.

              Jerry
            • haven putnam
              ... Jerry; I have consulted both an attorney and the copyright office, the current situation is Dons placed most of his copyrights in the hands of the trust
              Message 6 of 12 , Mar 16, 2000
                >From: Gerald Argetsinger <gsanla@...>
                >Reply-To: aloha-donblanding@egroups.com
                >To: aloha-donblanding@egroups.com
                >Subject: [aloha-donblanding] Re: Non-profit foundation
                >Date: Thu, 16 Mar 2000 08:56:14 -0500
                >Jerry wrote:
                >The issue of copyright has also been on my mind. Under the laws when DB
                >was writing,I believe a copyright lasted 28 years and could be renewed one
                >time. Under the most recent laws, copyrights are good until 50 years after
                >the writer dies. But I have no idea if the new law applied back to
                >previously published works. We will probably have to consult a copyright
                >attorney to get some questions answered.

                Jerry;
                I have consulted both an attorney and the copyright office, the
                current situation is Dons placed most of his copyrights in the hands of the
                trust dept of Security-First National Bank in L.A.,who was bought by
                Security Pacific, who was bought Bank of America , who was bought by Nations
                Bank. In all this merger mania someone forgot to renew the copyrights. The
                last copyright was renewed in 1968 and it was under the 28 year renewal
                statute, consequently they have all lapsed and are now public domain. The
                only copyrights that are still current are on the textile designs and
                possibly china. To put things in context I got a call a couple of months
                back from the owner of Florida Classics (the company reprinted Floridays),
                he was upset that Jimmy Buffet had reissued Floridays without getting his
                permission. Florida Classics had paid a licensing fee to Dodd Mead and Jimmy
                should have at least asked him for permission. I contacted the copyright
                dept and they gave me the following information. Jimmy Buffet got a new
                copyright based on his creating a new document, his notes and new
                arrangement constituted it being classified as a new document. Evidently
                this is done all the time with the classics, you add your notes , commentary
                , etc and submit it as a new document. Se La Vi !!!
                I contacted Cadia and expressed my concerns about the situation, we
                discussed possible options available to us as a group, one of those options
                was to found a non-profit that held the copyrights. As members of this
                foundation we pick a book add our notes and commentary and for a $32.00
                filing fee get a new copyright. The member then submits his copyright to the
                foundation and receives a tax right off based on whatever the legal limit is
                for his research and (possible trips to Hawaii ?) Strictly legal of course !
                As interest in a particular book increases we re-print it profits going to
                the foundation.
                My own area of interest is textile design, I have a stack of Dons
                transparancies that were done for Key West Handprint, a company he was
                instrumental in getting off the ground. Key West Handprint is still in
                business and we have talked about some sort of joint venture (check out
                there web site @ yahoo keywesthandprint). Another option is to have a
                working exhibit ( Hawaiian textile design /silkscreening bolts of fabric on
                premise) that tours with the Blanding collection. Our Blanding Hand Print
                shirts will sell in the $40 to $80 in cotton, up to $150 in silk. I talked
                this over the other day with Bill Pitts (Museum of the Great Plains) he is
                going to present the concept to his board and get back to me. Hopefully we
                can repeat the operation at the Bishop museum , etc.
                Any Ideas ?


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              • Gerald Argetsinger
                Bob -- That is some of the BEST Blanding news I ve heard in a long time! I had assumed that the copyrights had all lapsed, but I was not able to get the
                Message 7 of 12 , Mar 17, 2000
                  Bob --

                  That is some of the BEST Blanding news I've heard in a long time! I had
                  assumed that the copyrights had all lapsed, but I was not able to get
                  the proof. You have gratefully done that.

                  My understanding is, that if we do publish a book with our comments and
                  such -- For example, our own version of the "Best of Don Blanding", the
                  original material that we add in essay and commentary would be covered
                  by the new copyright, BUT all of the Blanding works would still be in
                  the public domain.

                  I have actually done that. I translated a group of Danish plays that
                  were published by Southern Illinois University Press. My book is
                  copyrighted, but that only entails my introductory essay on the author,
                  the essays introducing each play and my particular translation. Anyone
                  can still use the original Danish material - or make their own
                  translation without any legal problems and actually without my
                  permission. I was also part of a similar project with Fairleigh
                  Dickenson University Press when they published an entire series of plays
                  whose copyrights had expired. The plays are still public domain, but
                  our Original contributions are all copyrighted.

                  As several of you know, the process to copyright material is actually
                  quite simple. Last time I went through the process it was mostly a
                  matter of waiting. I think it took about ten months -- BUT the process
                  actually begins After the actual publication of the work, due to the
                  fact that you must submit copies of the published work to the Library of
                  Congress when you submit the copyright forms and check.

                  For the original designs -- that Could get into Trademark law -- with
                  which I have NO personal experience. But I imagine that the designs of
                  his shirts and dishes have also gone into public domain for the same
                  reasons that the poetry did. After DB's death there were no immediate
                  heirs who could benefit financially, so the entire issue of rights faded
                  with his memory.

                  Jerry
                • haven putnam
                  ... Jerry wrote: My understanding is, that if we do publish a book with our comments and such -- For example, our own version of the Best of Don Blanding ,
                  Message 8 of 12 , Mar 17, 2000
                    >From: Gerald Argetsinger <gsanla@...>
                    >Reply-To: aloha-donblanding@egroups.com
                    >To: aloha-donblanding@egroups.com
                    >Subject: [aloha-donblanding] Re: Non-profit foundation
                    >Date: Fri, 17 Mar 2000 08:34:42 -0500
                    Jerry wrote:
                    My understanding is, that if we do publish a book with our comments and such
                    -- For example, our own version of the "Best of Don Blanding", the original
                    material that we add in essay and commentary would be covered by the new
                    copyright, BUT all of the Blanding works would still be in the public
                    domain. As several of you know, the process to copyright material is
                    actually quite simple. Last time I went through the process it was mostly a
                    matter of waiting. I think it took about ten months -- BUT the process
                    actually begins After the actual publication of the work, due to the fact
                    that you must submit copies of the published work to the Library of Congress
                    when you submit the copyright forms and check.
                    Jerry:
                    You don't even have to call your book "The Best of Don Blanding" you
                    could get a new copyright on "Floridays" based on your notes (check out how
                    many copyrights have been issued on Don Quixote or any of Shakespeares
                    writings for that matter!) The point here is the publishing business is like
                    the record business, the chances of getting a top 10 record or a book on the
                    bestsellers list is the exception not the rule! You would think that
                    everything Jimmy Buffet touched turned to gold, but his version of
                    "Floridays" isn't flying off the bookstores shelves, neither did his last
                    album, go figure ! Even with the marketing mussel of a large publishing
                    house there may not be a larger market for Dons works than that of our group
                    (a printing run of less that 500 wouldn't even pay for the set-up costs!)
                    I feel the founding members of this group should have some say as to how
                    they would like to see this franchise develop. That even if we don't start a
                    foundation, we should have a web-ring. That our web-ring defines the groups
                    long and short term goals. I.E. what kind of input/influence do we have on
                    Don's Museum of the Great Plains show and how we can get the Bishops Museum
                    to be the next in line, then Carmel, Seattle , etc. We probably all know
                    someone already raided Cadia's site and maybe as a group we can exert
                    pressure on that individual to fall in line with our long range goals or
                    ELSE!!!!! Hopefully this develops along the lines that made Don successful,
                    that instead of having a bunch of chiefs trying to run the show, we have
                    Aunty Pinau's Aloha spirit encouraging and empowering our endeavors. That
                    ultimately we have the same blessing that Don had, the blessing of the
                    Hawaiian people. That we become the descendants of "Alohi Lani" and our
                    labors ultimately become a blessing to the Hawaiian people just like Don's
                    did !!!
                    MAHALO Bob
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                  • Cadia Los
                    Hi, all... First let me say that the Aloha, Don Blanding Collectors Society is essentially an online chat group, whose members happen to be interested in Don
                    Message 9 of 12 , Mar 17, 2000
                      Hi, all...

                      First let me say that the Aloha, Don Blanding Collectors Society is
                      essentially an online chat group, whose members happen to be interested
                      in Don Blanding and his work. Although I have kept extensive "contact"
                      records, I am still amazed at how quickly this group came together.

                      A non-profit arts foundation, with or without the same name, is a
                      completely separate entity that I do intend to form. All members of
                      our online group will certainly be welcome to become dues-paying
                      members of the foundation, but none of you is obligated to do so.
                      Likewise, other potential members and/or officers of the foundation
                      will not be required to join this chat group, although I hope that it
                      will evolve into the foundation's "newsletter."

                      The foundation's focus will be to fund one or more scholarships and/or
                      grants, not to publish books. However, fund-raising projects may
                      include such publication of Don Blanding's work or books or articles
                      about Don Blanding. It may be feasible for the foundation to acquire
                      copyright for DB's writing and artwork and then to collect fees from
                      others who wish to use his material. Or it may not be feasible.

                      A secondary focus will be to acquire Don Blanding memorabilia that may
                      be made available to other institutions or groups for temporary display.

                      From my involvement in other non-profit organizations, I know that
                      fund-raising can take many forms. Certainly, producing souvenir items
                      (notecards/postcards, posters, tote bags, jewelry, etc.) is one
                      lucrative way. (A firm in New Jersey has already contacted me to
                      discuss their services.) These items can be marketed to non-members
                      with the hope that they will also wish to join the foundation.
                      Exhibits or lectures, to which admission can be charged, are other
                      methods of raising money. Encouraging people to make tax-deductible
                      donations (funds or goods) is a time-consuming process. It involves
                      contacting everyone you know, by whatever means, to interest them in
                      your efforts.

                      I think someone in this group mentioned contacting eBay bidders on
                      DB-related stuff to let them know about this group. Although eBay
                      frowns on such contact, I think some low-key one-on-one e-mail is
                      certainly appropriate. If anyone knows of other Hawaii-related message
                      boards or newsgroups, mentioning our group would also be a good idea.
                      Anyone who buys from or sells to me usually gets a fistful of
                      flyers-du-jour. I personally may end up standing on a street corner and
                      handing out leaflets or business cards!

                      Speaking of which, Jean Sargent and Bill McMurray are the first of this
                      group to be getting my new business card with this group's name on it.
                      Some online outfit offered 100 "free" business cards for the cost of
                      postage...and, hey, of course I ordered them! Nothing fancy, and I'll
                      design something else later, but for now... Just got a coupon flyer
                      for return address labels, something like 500 for $4.95. Yep, will be
                      ordering those, too. Eventually, when I go to antique shows, there
                      will be flyers on the literature tables and, of course, in my booth at
                      Tacoma.

                      Right now, my goal is to alert anyone and everyone to the existence of
                      this group and my website. If you check the major search engines,
                      you'll find that My Glass Duchess/Don Blanding shows up numero uno. On
                      my DB Bibliography page, the hidden hit counter registers 15-25 hits a
                      day.

                      Once the foundation is formed, you'd best believe the media blitz will
                      begin in earnest!

                      ~~Cadia
                    • Cadia Los
                      Bob P ... Just a note to clarify that it was the Woodstock Nation website that copied and pasted directly from my website to their Blanding page. What I
                      Message 10 of 12 , Mar 17, 2000
                        Bob P ...

                        Just a note to clarify that it was the "Woodstock Nation" website that
                        copied and pasted directly from my website to their "Blanding" page.
                        What I objected to at the time was not the use of Blanding's poetry or
                        artwork, but that they used my business name (which has nothing to do
                        with Don Blanding) and my identifiable scan of the Rowdy Duchess
                        illustration that is my logo.

                        They removed those two items but continue to show the poem "Gold" and
                        the snippet of "Song of the Vagabond" that appear on my website. (The
                        least they could have done would have been to locate the poem and quote
                        all of it!) They also use my headline, "Don Blanding (1894-1957)". Of
                        course, they are free to use any DB material they want to, and the
                        headline is completely generic, so I can't say anything further. What
                        still galls me, though, is that their "Blanding" page shows up near the
                        top of the search engine lists -- and contains no worthwhile content!
                        Webmasters fight to get into the "top 10" -- and these people land
                        there will no effort at all.

                        I like the web-ring idea. Why doesn't each of you create a personal
                        website -- lots of free MB's out there and the content need not be
                        complex -- and then link us all together.

                        ~~Cadia
                      • Gerald Argetsinger
                        Bob -- You recent posting re publishing makes a lot of sense to me! Jerry
                        Message 11 of 12 , Mar 20, 2000
                          Bob --

                          You recent posting re publishing makes a lot of sense to me!

                          Jerry
                        • haven putnam
                          Jerry: I explained our situation to Val Martin at Florida Classics this morning, he could provide a printing and distribution service. His price for 2500
                          Message 12 of 12 , Mar 20, 2000
                            Jerry:
                            I explained our situation to Val Martin at Florida Classics this
                            morning, he could provide a printing and distribution service. His price for
                            2500 copies (with color cover) would run between $5000 to $6000 , less if
                            the cover is in black & white. (how competitive is his pricing ?) His
                            reprint of "Floridays" indicates the following books are available.
                            Vagabonds House, Songs of the Seven Senses , Let Us Dream , Memory Room, The
                            Rest of the Road, Hula Moons, Stowaways in Paradise, Pictures of Paradise,
                            and Drifters Gold. He does get requests from Barnes and Noble and Amazon for
                            these titles so there is a market, abiet at this time it is small. Retailers
                            are not in the business of selling used books so a market does exist for
                            reprints. Part of my motivation for suggesting this course of action was to
                            prevent any further knock-offs (a la jimmy buffet) at least if we are on
                            record as holding the copyrights, individuals who seek to reprint Dons books
                            will have to come to us first. We both realize how frustrating the whole
                            copyright search process is and how many misinformed individuals there are
                            in the search process, so maybe we can influence others to share in our
                            common goal, that being to see that Dons work takes its deserved place in
                            American literature ! One of my goals was to figure out how to get us to
                            work together as a group and make money off the third party instead of
                            fighting amongst ourselves for what might turn out to be a marginal return
                            on investment ! Since we all owe Cadia a debt of gratitude for bringing us
                            together, I feel she should blessed with the title of " Aunty Pinau" the
                            "Kahuna" of our cyber space village. She has the marketing background and
                            has the ability to coordinate the volunteers. Having been involved with a
                            few non profits I can say with a fair degree of certainty that without the
                            talents of someone like Cadia these endeavors usually go nowhere. I haven't
                            looked into the tax advantages of donating our reprints to a non-profit
                            foundation, but from experience I can tell you that I can get more for my
                            car if I donate it to charity than if I sold it outright.
                            If for example we are able to work with the Museum of the Great Plains, and
                            open the doors for them to rotate their exhibit we all profit. Individuals
                            in Hawaii who help set up a show profit by being able to sell goods and
                            services (reproduction cards , calendars discount rates for lodging etc. )
                            If we work together we can create a win win situation, all this is in
                            keeping with what made Dons career successful in the first place, he was
                            able to apply the Aloha spirit in his business practices , today we might
                            call that practice "compassionate capitalism".
                            I see a bright future ahead!
                            MAHALO bob

                            >From: Gerald Argetsinger <gsanla@...>
                            >Reply-To: aloha-donblanding@egroups.com
                            >To: aloha-donblanding@egroups.com
                            >Subject: [aloha-donblanding] Re: Non-profit foundation
                            >Date: Mon, 20 Mar 2000 11:24:43 -0500
                            >
                            >
                            >Bob --
                            >
                            >You recent posting re publishing makes a lot of sense to me!
                            >
                            >Jerry
                            >
                            >
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