Monday, June 25, 2012

Something for Nothing

"You don't get something for nothing, just because crowd-funding is cool."

I have been quite curious to see whether or not the Kickstarter moderators would intervene with the current Cerebus campaign.

http://www.kickstarter.com/projects/189735833/cerebus-high-society-special-audio-visual-digital

Last September 29, I introduced Gerhard to Kickstarter.com because I thought it would make a great way for him to funnel some funding, through his prints, to the Pride Stables, and perhaps get some traction on his efforts to create some children's books.

Fortunately, he was more careful than I was in reading the policy guidelines (imagine that... reading the goddam rules), and he wrote back:

Speaking of which...  looked into the whole Kickstarter thing and it turns out:


"To be eligible to start a Kickstarter project, you need to satisfy the requirements of Amazon Payments:
Be a permanent US resident and at least 18 years of age with a Social Security Number (or EIN), a US bank account, US address, US state-issued ID (driver’s license), and major US credit or debit card."


... and you can't just have a silent partner in the U.S., they have to be one of the creators of the project.

Bummer. One of the few times that it sucks to be Canadian.

I jumped over the the Kickstarter site and double-checked on this. Bummer. I looked online about it, and ended up signing the petition to open up the operation to people outside the U.S., adding an enthusiastic comment about that, and then moved on. Rules is rules.

The more you think about it, the more sense it makes. There is a morass of legal and tax concerns if a person in the U.S. were to become, in effect, a conduit of received income that is then sent to a foreigner. This informative article, and the crazy animation people, make the case pretty well - just for what this means for the person in the U.S. who is following the rules - and that would be a person into whose actual company/corporation/business the money is flowing. There are issues involving tax liability on the premiums that I had never considered and, apparently, some new U.S. tax laws as the government catches up with crowd-sourcing.

http://semaphoremusic.wordpress.com/2011/07/25/one-for-you-nineteen-for-me-is-kickstarter-money-taxable/

Right around the 3 minute mark, the key quote comes:

"You don't get something for nothing, just because crowd-funding is cool."

So, kids, that is the story. I'm not participating because I think there's a rules violation. It seems to me (and I am more than happy to be proved wrong) that the Kickstarter moderators should have been on alert here.

The Cerebus Kickstarter campaign explicitly states:

"I'm John Scrudder. I've been working with Dave Sim for the past four years primarily as a promoter and Producer on the web series CEREBUS TV. I'm running this Kickstarter campaign on behalf of Mr. Sim." ... along with a few other notions that he's sponsoring... managing... running... the campaign, but not the project, including this card, handed out at a convention this last week:


In fact, there have also been some mentions of tax liability at the project site, and the issues involving the international transfer of large-figure funds, in some of the updates.

Best of success to John, Dave, and the donors. I can think of at least one household in North Carolina that is probably going to need to consult with a higher authority than TurboTax, next April. 

As they say on the Shark Tank: I'm out.

OK, stop me... but I cannot resist one more comment. 

Let me describe just one scenario: as it is structured, the actual project (and the implied subsequent ones) relies pretty heavily on Dave Sim's longevity. As I recall, all of the copyrights for Cerebus fall into the public domain upon his passing. Who's at risk if this comes to pass, say, next month? And who's to prevent anyone with access to the material from distributing it openly, in effect, according to the terms of Dave's final wishes?

Mesdames & Messieurs, Faites vos Jeux...


5 comments:

j_ay said...

I would be very, very surprised if Dave also did not read all the nitty gritty details.
Weird.

Eddie said...

It's all good, and I don't think you need to find yourself overly concerned about this. As a Canadian, I am aware of many, Canadian projects funded through Kickstarter (Kickstarter even lists them on their home page!). As well, there is this article in the globe and mail which addresses this:

http://www.theglobeandmail.com/report-on-business/small-business/sb-digital/web-strategy/a-kickstart-to-raising-funds-on-kickstarter/article4105948/

which says

“We happen to have a team member who's lived in the U.S. for a long time, who had a lot of very close friends who were willing to work with us to turn this into a viable project,” Ms. Voll says. “We asked 'Are you okay to be a silent partner on our team to make this happen?’ “

Using their silent partner's Amazon Payments account, Ms. Voll and her Vancouver-based colleagues set up a Kickstarter project for their product, Hungry Fins, which is a smartphone game about a fish that hates broccoli.

Ms. Voll says this is a common technique for Canadian entrepreneurs who want to use Kickstarter.

and from the Kickstarter website which states:

I'm not in the US. Can I start a project on Kickstarter?

You don't have to physically be in the US, but there are some US requirements to be eligible. We’re working hard to open up to more countries. If you’ve been waiting, we really appreciate your patience.

My father/sister/cousin/uncle/son/friend/acquaintance fulfills the US requirements. Can I use their Amazon Payments account?

If your project is a collaboration between several people, the creator with the US requirements runs the project. In this case, all the names on all accounts must be theirs. However, this creator cannot just be a family member or friend with US requirements; they have to be directly involved in the creation of the project itself.
***********

I think you can pretty safely say John is directly involved with the project. To me, based on all of the above, there sure doesn't seem to be a rules violation or anything like that, and it's legit. And I'm more than sure that Dave and John are pretty competent to fully consider the tax ramifications of the project.

j_ay said...

This doesn't, in any way, seem like a "collaboration".
And the "manager" is, not in any way, "a creator".

The rules, as stated, are indeed being violated.
If they are intentionally being, silently, allowed to be bypassed, those of us not in the US (and those of us not in the US *or* Canada) would certainly like to know what is what.
Some of us like to follow the rules, as stated.

antihostile said...

Eddie is correct.

j_ay said...

Unless KickStarter has changed the small print in the last few weeks, no, he's not "correct".
Not. Even. Close.