SILENT AUCTION
February 2008
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Dear Friends,
It has come to the attention of the Anthony Kearns Music Fund that an “Autograph Silent Auction Game” is in progress on “The Anthony Kearns Official Website”. It is my understanding that the beneficiary of the proceeds of the auction is the “2010 Veronica Dunne International Singing Competition” with the Anthony Kearns Music Fund acting as the intermediary between the auction and the singing competition. Though the auction write-up states that “This activity has been authorized by Anthony Kearns”, I regret to say that this statement does not make the auction “legal” from the standpoint of the Music Fund.
Until today, February 4, 2008, the Music Fund had no knowledge of this auction, and, to date, no one has approached the Music Fund about taking a role in this endeavor. Neither the auction’s spokesperson (Ms. Crouse), nor Anthony Kearns, nor the administrators of the Veronica Dunne International Singing Competition has approached the Music Fund in any way.
Because of its Public Charity 501(c)(3) status, the Music Fund must go through some legal steps before it conducts any sort of fundraiser. First, it must have the approval of its Board of Directors. At this point perhaps I should make clear the role that Anthony Kearns plays in Music Fund matters. By License Agreement, he has agreed to allow his name to be used by the Fund. Also, he serves on the special committee which makes recommendations to the Board of Directors of the Music Fund regarding the selection of vocal scholarship recipients. And, most certainly, the Board will “listen up” if he has a suggestion to make. However, he does not have a vote when it comes to actions to be considered or taken by the Board of Directors, and he does not have the power to authorize activities which involve the Music Fund. Since we are several years in advance of the next Veronica Dunne International Singing Competition, the Music Fund cannot provide any assurance that it will support that event in 2010.
Another legal matter which the Music Fund observes is copyright compliance. Every prize that has been given by the Music Fund has been thoroughly researched. Also, every prize has been in the possession of the Music Fund prior to being sent to the prize winner. By doing this, the Music Fund has full knowledge of, and is comfortable that there are no copyright violations with, what is being given in its name.
While “The Anthony Kearns Official Website” has every right to hold an auction --- and the Music Fund wishes it well ---, the Anthony Kearns Music Fund is not a participant endorsing the event, nor can it issue tax deduction letters to winning bidders.
Very sincerely,
Priscilla C. Horst, Executive Director
Anthony Kearns Music Fund
