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<h1>Overview</h1>

<p>The Software Freedom Conservancy is an organization composed of Free,

Libre and Open Source Software (FLOSS) projects (called Conservancy's

“member projects”).  Conservancy is a fiscal sponsor for these

member projects, thus the Conservancy's member projects benefit from

financial, administrative services and non-profit oversight.  By joining

the Conservancy, member projects can obtain the benefits of a formal legal

structure while keeping themselves focused on software development.</p>

<p><b>What are the benefits of joining the Conservancy?</b></p>

<p>One of the principal benefits of joining the Conservancy is that member

projects get all the protections of being a corporate entity without

actually having to form and maintain one. These benefits include, most

notably, the ability to collect earmarked project donations and protection

from personal liability for the developers of the project.  Projects can

continue to operate in the same way they did before joining the

Conservancy without having to select a board of directors or any other

layer of corporate management, without having to maintain corporate

records and without having to do any of the other things required of

incorporated entities.  The Conservancy handles all of that burden on

behalf of its projects.</p>

<p>The Conservancy is a tax-exempt 501(c)(3) organization, so member

projects can receive tax-deductible donations to the extent permitted

by law.  The Conservancy files a single tax return that covers all of

its member projects and handles other corporate and tax related issues

on behalf of its members, who are, of course, always free to join and

leave the Conservancy at any time.  Additionally, by not having to

form a new organization, projects avoid having to pay the fees and

spend the time required by the state incorporation and federal tax

exemption application processes.</p>

<p>Another benefit of joining the Conservancy is that projects can use

it to hold assets, which are managed by the Conservancy on behalf of

and at the direction of the project.  For example, any monies received

by a project are put in a separate Conservancy fund and maintained

there until the project directs the Conservancy to do something with

the funds.  This prevents developers from having to commingle project

funds with their own accounts or having to set up their own project

specific account.  Since the Conservancy is a tax-exempt organization,

there are some limits that the law places on what member projects can

do with their assets, but those limits are the same as if the project

was an independent non-profit entity.</p>

<p>All of these benefits are currently provided for free.  The Conservancy

does not currently charge its member projects any fees.  The Conservancy

of course welcomes and appreciates voluntary contributions from member

projects to help cover the cost of providing these services.</p>

<p><b>How does a project join the Conservancy?</b></p>

<p>In order to join, projects need to meet certain criteria, including the

requirement that the project be exclusively devoted to the development of

Free and Open Source Software and that it be consistent with the

Conservancy's tax-exempt purposes and the financial requirements imposed

by the IRS.  Most FLOSS projects will meet these requirements.  To find out

if your project can join the Conservancy, or to get more information,

<a href="/about/contact/">contact us</a>, preferably by email.  Qualifying

projects that wish to join the Conservancy will form an agreement with the

Conservancy that sets out all of their rights and responsibilities.</p>

<p>While any project licensed under a widely recognized FOSS license can

  apply, the Conservancy seeks in particular projects that are

  well-established and have some track record of substantial contributions

  from a community of volunteer developers.  The Conservancy does gives

  higher priority to projects that have an established userbase and

  interest, but also tries to accept some smaller projects with strong

  potential.</p>

<p><b>If my project joins the Conservancy, how will it change?</b></p>

<p>Substantively, member projects continue to operate in the same way as they

did before joining the Conservancy.  So long as the project remains

devoted to Free and Open Source Software and operates consistently with

the Conservancy's tax-exempt status, the Conservancy does not intervene in

the project's development other than to provide administrative assistance.

For example, the Conservancy keeps and maintains books and records for the

project and assists with the logistics of receiving donations, but does

not involve itself with technical or artistic decision making.  Projects

are asked, however, to keep the Conservancy up to date on their

activities.</p>

<p><b>Once a project joins, who owns its assets (money, copyrights, trademarks,

etc.)?</b></p>

<p>The Conservancy holds assets on behalf of its member projects and

manages and disburses those assets in accordance with the project's

wishes.  Monies received by the Conservancy on behalf of a project are

kept track of separately for each specific project and the management of

those funds is directed by the project.  For example, if a donor wanted to

contribute $100 to Project X, they would formally make the donation to the

Conservancy and identify Project X as the desired project to support.  The

Conservancy would then deposit the check and earmark the funds for use by

Project X.  Project X would then tell the Conservancy how that money

should be spent.</p>

<p>Similarly, any copyrights, trademarks or other assets transferred to a

project can also be held by the Conservancy on behalf of the project.  A

significant service that the Conservancy provides its members is a vehicle

through which copyright ownership in the project can be unified.  There

are several advantages to having a consolidated copyright structure,

including that it makes enforcement activity easier and more effective.

However, although it is almost always beneficial for projects to

consolidate their copyrights, such is not a requirement in order to join

the Conservancy.</p>

<p><b>How can a project leave the Conservancy?</b></p>

<p>As set out in an agreement between member projects and the Conservancy,

projects can leave the Conservancy at any time.  Federal tax exemption

law, though, states that projects must transfer their assets from the

Conservancy in a way that is consistent with the Conservancy's

not-for-profit tax status — meaning the assets cannot be transferred

to an individual or a for-profit entity.  Generally, a project would

either find another fiscal sponsor or form their own independent

tax-exempt non-profit.</p>

<p><b>Who runs the Conservancy?</b></p>

<p>Like many non-profits, The Conservancy is directed by a

self-perpetuating <a href="/about/team/board/">Board of Directors</a>, who

appoint <a href="/about/team/officers/">Officers</a> to carry out the

day-to-day operations of the Conservancy.  The Directorship of the

Conservancy is designed to include both talented non-profit managers and

seasoned FOSS project leaders who can both guide the administrative

operations of the organization as well as mentor member project leadership

as needed.  Our Directors constantly search for additional directors who

can contribute a variety of expertise and perspective related to the

Conservancy's mission.</p>

<h2>Public Filings</h2>

<p>Like all USA non-profits, the Conservancy files an annual Form 990 and, as

a non-profit in the State of New York, files an annual CHAR-500 with New

York State.  Below, Conservancy makes available these filings for public

inspection:</p>

<p><ul>

<li>Fiscal Year 2008</li>

<ul>

<li><a href="/docs/conservancy-form-990-fy-2008.pdf">Federal Form 900 (PDF)</a></li>

<li><a href="/docs/conservancy-CHAR-500-fy-2008.pdf">New York State

    CHAR-500 (PDF)</a></li>

</li>

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