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On 20/12/12 01:07 AM, Itzik Edri wrote:
According to this laws what WMIL did to lobby and push legislation to release government photos under CC was not ok?
- Sent from my mobile device On Dec 20, 2012 2:34 AM, "Stephen
LaPorte" slaporte@wikimedia.org wrote:
Pine,
Nonprofits may lobby, but not without limit. In the U.S., a tax-exempt nonprofit is absolutely prohibited from engaging in political campaign activity (opposing or favoring a political candidate), and lobbying (attempts to influence legislation) cannot be a substantial part of its activity. The lobbying regulations are very technical, so lobbying activity must be monitored for proper accounting.
There are alternative types of organizations, such as social welfare organizations (§ 501(c)(4)) and political organizations (§ 527), that have more flexibility to engage in political or lobbying activity. However, these organizations to do not enjoy the same tax benefits as a charitable organization (501(c)(3)).
The IRS has useful information on the topic:
http://www.irs.gov/pub/irs-tege/election_year_phone_forum_slides.pdf
I am happy to see that the discussion on Commons is considering a number
of different approaches to the issue. Lobbying is one approach, but outreach and creative licensing can also have a big impact.
Thanks, Stephen
I believe WMIL is organized and acting under the rules and laws of Israel. The US IRS rules probably do not specifically apply. (On the other hand, 'substantial part' of its activities is deliberately vague because the purpose of some legitimate 501(c)(3) NGOs may necessarily involve lobbying - e.g. Legal aid, public health, etc.)
Amgine