286 lines
16 KiB
HTML
286 lines
16 KiB
HTML
{% extends "base_projects.html" %}
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{% block subtitle %}Project Services - {% endblock %}
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{% block submenuselection %}Applying{% endblock %}
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{% block content %}
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<h1> Applying to Join Conservancy as a Member Project</h1>
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<p>Part of Conservancy's activity is through its member projects. These
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projects become formally part of Conservancy and have a close relationship
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with our activity. Most of our projects are purely software projects, but
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we also occasionally accept initiatives designed to advance software
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freedom, such as Outreachy.</p>
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<p>The situation for non-profit homes for FOSS activities has improved
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greatly since Conservancy was founded in 2006. In the USA, options now
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exist for 501(c)(3), 501(c)(6) and even for-profit fiscal sponsorship, and
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there are other options around the globe as well. Prospective member
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projects should carefully consider what type of structure is right for
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them.</p>
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<p>For our part, Conservancy seeks projects that dedicate themselves to the
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advancement of software freedom and focus their projects on the rights of
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users to copy, share, modify and improve their software. Being a FOSS
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project under an OSI-approved and DFSG-free license is mandatory, but not
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the only criteria. Given the many options available for fiscal
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sponsorship, we are selective and often refer projects to other fiscal
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sponsors that are a better fit. Nevertheless, we encourage projects to
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that need a non-profit home to apply to many fiscal sponsors.
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<p>Conservancy's Evaluation Committee considers applications on a rolling
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basis. Conservancy generally has dozens of projects in various stages of
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the application process. We do not move rapidly to accept new projects, as
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we have found that consideration of joining or forming a non-profit
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organization for your project is best done with careful consideration over
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a period of many months rather than rapidly.</p>
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<p>Conservancy's application process is somewhat informal. New applicants
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should write an initial inquiry email
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to <a href="mailto:apply@sfconservancy.org"><apply@sfconservancy.org></a>
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with a very brief description of their project and a URL to their project's
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website. We'll send back initial questions, and after those questions are
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answered, we'll send the full application materials. Applications should
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be submitted in plain ASCII text via email. Your application will be
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assigned a ticket number in our ticketing system, and please be sure to
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include the proper ticket number details in the Subject line of your
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emails to ensure they are routed to the right place.</p>
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<p>Projects are reviewed by Conservancy's Evaluation Committee, which is
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chartered by Conservancy's <a href="/about/board/">Board of
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Directors</a>.</p>
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<h1>Project Membership Application FAQs</h1>
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<p>The following are various questions that we typically get from project
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leaders that wish to apply to Conservancy.</p>
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<h2>I sent in my inquiry letter and/or application a long time ago. Why haven't you replied?</h2>
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<p>Conservancy receives an overwhelming level of interest and we have very few
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<a href="/about/staff/">staff positions</a> to
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meet the interest and demand
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for <a href="/members/services/">Conservancy's
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services</a> to its member projects. Meanwhile, Conservancy always
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prioritizes needs of
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its <a href="/members/current/">existing member
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projects</a> over new inquiries and applications. Therefore, it
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sometimes can take quite a while to finish the application process and
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be offered membership, but please note that such delays mean that should
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your project ultimately become a member project, your project will then
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be a beneficiary of this policy. Also, generally speaking, we encourage
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care and consideration when joining a non-profit and we do not believe
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a rapid membership process is in the interest of projects.</p>
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<h2>What are the key criteria our project must meet to join?</h2>
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<p>In order to join, projects need to meet certain criteria. A rough
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outline of those criteria are as follows:</p>
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<ul><li>The project must be exclusively devoted to the development and
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documentation of FOSS. The project's goals must be consistent with
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Conservancy's tax-exempt purposes, and other requirements imposed on
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Conservancy by the IRS' 501(c)(3) rules. Namely, the goal of the project
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must to develop and document the software in a not-for-profit way to
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advance the public good, and must develop the software in public, and
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strategically advance software freedom for all users.</li>
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<li>The project must be licensed in a way fitting with software freedom
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principles. Specifically, all software of the project should be
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licensed under a license that is listed both as as
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an <a href="http://www.opensource.org/licenses/alphabetical">Open
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Source license by the Open Source Initiative</a> and
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as <a href="https://www.debian.org/legal/licenses/">DFSG-Free
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license</a>. All software documentation for the project should be
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licensed under a license on the preceding lists, or under Creative
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Commons' <a href="https://creativecommons.org/licenses/by-sa/3.0/">CC-By-SA</a>
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or <a href="https://creativecommons.org/licenses/by/3.0/">CC-By</a> or
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<a href="https://creativecommons.org/choose/zero/">CC-0</a>.</li>
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<li>The project should have an existing, vibrant, diverse community
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that develops and documents the software. For example, projects
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that have been under development for less than a year or only a
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“proof of concept” implementation are generally not
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eligible.</li>
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</ul>
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<p>While any project meeting the criteria above can apply, meeting these
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criteria doesn't guarantee acceptance of your project. Conservancy
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favors projects that are well-established and have some track record of
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substantial contributions from a community of volunteer developers.
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Furthermore, Conservancy does give higher priority to projects that
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have an established userbase and interest, but also tries to accept some
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smaller projects with strong potential.</p>
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<h2>Is our project required to accept membership if offered?</h2>
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<p>Not at all. Many projects apply and subsequently decide not to join a
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non-profit, or decide to join a different non-profit entity. Don't
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worry about “wasting our time” if your project's developers
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aren't completely sure yet if they want to join Conservancy. If
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membership in Conservancy is currently a legitimate consideration for
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your project, we encourage you to apply. We'd rather that you apply and
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turn down an offer for membership than fail to apply and have to wait
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until the next application round when you're sure.</p>
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<h2>What benefits does our project get from joining?</h2>
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<p>We maintain a <a href="/members/services">detailed list of services
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that Conservancy provides to member projects</a>. If you have
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detailed questions about any of the benefits, please
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ask <a href="mailto:apply@sfconservancy.org"><apply@sfconservancy.org></a>
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in your application ticket. We find however that projects will find
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Conservancy a better fit if you don't view Conservancy as a service
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provider; we are not a service provider in the sense of your hosting
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provider or other vendor. Conservancy projects become a part of
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Conservancy, and as such membership with Conservancy is an equal
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partnership between you and your project and should be treated as such.
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If that's not the kind of relationship you want from your fiscal
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sponsor, then other options are likely a better fit for your project.</p>
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<h2>Conservancy seems to be called a “fiscal sponsor” to its
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member projects. Does that mean you give our project money if we join?</h2>
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<p>It's true that we would love to fund our member projects if it were
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possible, because we believe they deserve to be funded. However, that's
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not typically what a fiscal sponsor does. The term “fiscal
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sponsor“ is often used in non-profit settings and has a standard
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meaning there. But, to those not familiar with non-profit operations,
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it comes across as a bit of a misnomer.</p>
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<p>In this context, a fiscal sponsor is a non-profit organization that,
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rather than fund a project directly, provides the required
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infrastructure and facilitates the project's ability to raise its own
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funds. Conservancy therefore assists your project in raising funds, and
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allows your project to hold those funds and spend them on activities
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that simultaneously advance Conservancy's non-profit mission
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and the FLOSS development and documentation goals of the project.</p>
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<h2>What will the project leaders have to agree to if our project joins?</h2>
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<p>Once you're offered membership, Conservancy will send you a draft
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fiscal sponsorship agreement (FSA). A template
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of <a href="/docs/sponsorship-agreement-template.pdf">Conservancy's FSA
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is available in PDF</a> (and
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in <a href="/docs/sponsorship-agreement-template.odt">ODT</a>).
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Please note that the preceding documents are <strong>only
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templates</strong>. Please do not try to fill one out and send it to
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Conservancy. The final FSA between Conservancy and your project needs
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to be negotiated between us, and as can been seen in the template, the
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Representation section needs substantial work. If your project is
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offered membership, Conservancy will work with you adapt the FSA
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template to suit the needs and specific circumstances of your project.
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This is painstaking work, and it's better to complete that work after
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both Conservancy and the project are quite sure that they both want the
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project to join Conservancy.</p>
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<h2>If my project joins Conservancy, how will it change?</h2>
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<p>Substantively, member projects continue to operate in the same way as
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they did before joining Conservancy. So long as the project remains
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devoted to software freedom and operates consistently with the
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Conservancy's tax-exempt status, Conservancy does not intervene in the
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project's development other than to provide administrative assistance.
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For example, Conservancy keeps and maintains books and records for the
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project and assists with the logistics of receiving donations, but does
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not involve itself with technical or artistic decision making. Projects
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are asked, however, to keep Conservancy up to date on their
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activities.</p>
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<p>Additionally, when Conservancy discovers or becomes aware of any legal,
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licensing or PR issues regarding your project, Conservancy will contact the
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project and ask you to work collectively with Conservancy.</p>
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<h2>Once our project joins, who holds its assets (money, copyrights, trademarks, etc.)?</h2>
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<p>Conservancy holds assets on behalf of its member projects and
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manages and disburses those assets in accordance with the wishes of the
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project's leadership, as long as those wishes are consistent with non-profit
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rules, requirements, and Conservancy's mission. Funds received by Conservancy on behalf of a
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project are kept track of separately for each specific project and the
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management of those funds is directed by the project. For example, if a
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donor wanted to contribute $100 to Project Foo, they would formally make
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the donation to Conservancy and identify Project Foo as the desired
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project to support. Conservancy would then deposit the check and
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earmark the funds for use by Project Foo. Project Foo would then tell the
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Conservancy how that money should be spent. As long as that expense is a
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legitimate non-profit expense fitting with Conservancy's non-profit
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mission, Conservancy pays the expense on the Project's behalf.</p>
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<p>Similarly, any copyrights, trademarks, domain name or other assets
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transferred to a project are typically held by Conservancy on behalf of
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the project. A significant service that Conservancy provides its
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members is a vehicle through which copyright ownership in the project can
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be unified. There are several advantages to having a consolidated
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copyright structure, including that it makes enforcement activity easier
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and more effective. However, copyright, trademark, and domain name
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assignment is not a requirement in order to join Conservancy, rather,
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it is an option for those projects that ask for it.</p>
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<h2>If our project joins, must it be a member project of Conservancy forever?</h2>
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<p>All agreements between member projects and Conservancy stipulate
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clearly that the member project can leave Conservancy with a few
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months' notice. Federal tax exemption law, though, states that projects
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must transfer their assets from Conservancy in a way that is
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consistent with Conservancy's not-for-profit tax status —
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meaning the assets cannot be transferred to an individual or a for-profit
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entity. Generally, a project would either find another fiscal sponsor or
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form their own independent tax-exempt 501(c)(3) non-profit.</p>
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<p>We fully expect that some Conservancy projects will ultimately wish to
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form their own non-profit 501(c)(3) organizations; that's why we design
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our agreements with projects to allow them to leave to another 501(c)(3)
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organization. Typically, projects join Conservancy because the project
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leaders don't want the burdens of running a non-profit themselves.
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Often, as projects grow, leaders get interested in the non-profit
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management and organizational side of the activities and are then
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prepared to take on the additional work themselves.</p>
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<h2>How are “project leaders” defined with respect to Conservancy?</h2>
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<p>How leaders are chosen for projects varies greatly from project to
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project. Our goal is to do our best to embody the “natural”
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leadership structure that evolved in your project into the formal
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agreement with Conservancy. As part of the agreement drafting, we work
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carefully with you to understand your project's governance and write up
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formally with you the decision-making process you use. Most project
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contributors find this process of formalizing the leadership structure
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helps them clarify in their own minds the governance of their project,
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even though the process can be difficult. Since it can be a complicated
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process, we suggest that you prepare your project community for this
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discussion once your project is accepted.</p>
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<h2>How much does it cost us financially to join Conservancy?</h2>
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<p>New Conservancy members are required to pay 10% of their revenue that
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Conservancy processes to Conservancy's general fund, which primarily is
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used to pay staff. (Details on how Conservancy spends its funds,
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including salaries of key employees, can be found
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in <a href="/about/filings/">Conservancy's
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annual filings</a>.)</p>
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<p>Historically, Conservancy allowed projects to give less or nothing at
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all to the general fund, but we unfortunately discovered that without
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this requirement, Conservancy was not able to offer the myriad of
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services to all its projects, particularly to larger projects that
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have more income and therefore need more attention from staff. Even now,
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the 10% we receive from our project does not fully fund our fiscal
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sponsorship activities; we raise additional funds
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through <a href="/sustainer">support program</a> to subsidize our fiscal
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sponsorship work.</p>
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<p>We do understand that, particularly for small projects that only receive a
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few small donations, that donating a percentage of your income back to
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Conservancy can be a high burden. We encourage such small projects to
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consider <a href="https://www.spi-inc.org/">Software in the Public
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Interest</a>, which offers fewer services than Conservancy, but only
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requires 5% of gross revenue. To our knowledge, SPI is the only fiscal
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sponsor operating in FOSS that requires less than 10%; most FOSS fiscal
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sponsors require at least 10%, or they operate on a fee-for-service model
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whereby projects pay the actual costs of any service they receive (and such
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charges are usually much higher than 10%). We urge you to very explicitly
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ask about these issues with any fiscal sponsor you consider.</p>
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{% endblock %}
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