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.
+ +What are the benefits of joining the Conservancy?
+ +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.
+ +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.
+ +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.
+ +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.
+ +How does a project join the Conservancy?
+ +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, +contact us, 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.
+ +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.
+ +If my project joins the Conservancy, how will it change?
+ +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.
+ +Once a project joins, who owns its assets (money, copyrights, trademarks, +etc.)?
+ +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.
+ +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.
+ +How can a project leave the Conservancy?
+ +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.
+ +Who runs the Conservancy?
+ +Like many non-profits, The Conservancy is directed by a +self-perpetuating Board of Directors, who +appoint Officers 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.
+ +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:
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