Macomb American Legion Post 6 has announced it will stop hosting its popular monthly music concerts, citing costly copyright licensing fees and legal risks — despite a federal law that offers some exemptions for nonprofit veterans’ organizations.
The Legion’s Post 6 BIG Band, led by Western Illinois University Professor Emeritus John Cooper, has performed free-will donation concerts the last Wednesday of each month for years. Donations have supported student scholarships and band expenses, with no admission charged.
But the Legion recently received a cease-and-desist letter demanding it pay licensing fees to four separate performing rights organizations. The total annual cost to fully comply would be roughly $4,000 to $6,000 — an amount the Legion says it cannot afford without sharply raising membership fees.
“The problem is copyrighted music and the performing rights organizations that control its use,” the Legion said in a statement. “We were notified that we needed to pay fees to cover our music events. We cannot afford the licensing fees without raising fees to a staggering amount. We must protect ourselves and our mission.”
Federal copyright law carries stiff penalties for unlicensed public performances, including fines ranging from hundreds to over $100,000 and possible retroactive claims for several years. The Legion cited local examples: a Peoria business fined $8,000 and another venue shut down by U.S. Marshals who confiscated its alcohol.
However, a 1982 federal law (Public Law 97-366) exempts nonprofit veterans’ groups and similar fraternal organizations from copyright infringement liability under certain conditions. The exemption allows nonprofit organizations to play copyrighted music without a license if the performance is for charitable purposes and not for financial gain.
“The law is a bit foggy on this,” the Legion acknowledged. Because Post 6 charges for some events, it could still face copyright claims despite the exemption.
John Cooper, who organized the Post 6 BIG Band and its 17 local musicians, expressed deep regret over the decision to end performances at the Legion.
“It is with the heaviest heart that I announce the immediate cessation of musical performances at the American Legion,” Cooper said in a Facebook post. “Together we have built a community of musicians and patrons who supported this endeavor to benefit us all and the American Legion. Circumstances regarding licensing have made continuing financially untenable.”
Cooper explained that while the federal law provides a “carve-out” for veterans’ groups, it does not apply if the venue is open to the public for events charging admission or otherwise generating profit. This nuance has complicated the Legion’s ability to host concerts.
“This actually happened before when I was a program director at the university,” Cooper said. “We received similar notices, and the university had to verify its licensing to cover performances. I’ve heard other local businesses and organizations have been contacted as well, so this is not unique to the American Legion.”
Though the Post 6 BIG Band and Cooper’s sextet, the Lamoine Ramblers, can no longer perform at the Legion, they are actively seeking other venues in Macomb that hold proper music licenses.
“We’ll keep everyone apprised through our Facebook page,” Cooper said. “It has been an honor to help the American Legion in this small way. We’re sorry it cannot continue there, but we’re dedicated to finding a solution and providing this music for the community.”
For now, the Legion will suspend all music concerts until it can find a sustainable way to comply with copyright law and protect its mission as a veterans’ organization.
