FREEMUSE – THE WORLD FORUM ON MUSIC AND CENSORSHIP

Revised 16 September 2005 at the Freemuse General Assembly

1.1 The name of the organisation is: FREEMUSE - The World Forum on Music and Censorship, with the Secretariat based in Copenhagen, Denmark. Hereafter in this charter the organisation shall be referred to as FREEMUSE, which stands for Freedom of musical expression.

1.2 FREEMUSE is an association as defined by Danish law. It can establish ad hoc structures in other countries. FREEMUSE is a non-partisan and non-profit membership organisation dedicated to the welfare of the community, and no part of its net income shall accrue to the benefit of any private organisation or individual.

1.3 FREEMUSE is a non-profit independent member organisation open to national, regional and international organisations, academic institutions, web organisations, active musicians, and all individuals concerned with the music censorship issue.

1.4 FREEMUSE started in August 2000.

2.1 For the purposes of this document and the organisation, we define musicians as anyone in any country active in the performance and/or composition of music or  music lyrics and in any form over any media and in public performance.

2.2 We further expand our area of interest to include those involved in the free promulgation or distribution of music in any form over any media.

3.1 FREEMUSE aims to undertake the following:

a) support and publicise the universal principles of human rights as they apply to the rights of musicians and their music as expressed by the Universal Declaration of Human Rights of the United Nations:

b) strengthen, assist and monitor human rights issues as they apply to musicians;

c) strengthen, assist and co-ordinate the efforts of FREEMUSE and its members to monitor compliance by nations and communities with the principals of the Universal Declaration of Human Rights in respect of musicians;
 
3.2 In furtherance of its purposes FREEMUSE aims to:

a) collect and disseminate material on instances of music and musician censorship from throughout the world;

b) take initiatives to organise alert actions on behalf of threatened musicians;

c) assist musicians under threat, support and/or fund observers at trials and otherwise provide support and follow-up on specific cases and key issues;

d) serve as a focal point for a network of concerned musicians, individuals, organisations, institutions, media;

e) instigate new documentation projects;

f) create global awareness of the different forms of repression of musicians and the artistic, social, cultural and economic consequences of this repression;

g) bring the issue to the attention of relevant UN institutions and other international and inter-governmental organisations;

h) urge through our Executive Committee, network and affiliates compliance by all nations and communities with the rights of musicians.

3.3 Re. Documentation, publication and information, FREEMUSE aims to:

a) undertake the collection and centralised collation of existing information, research and documentation (including existing articles, films, radio and TV programs, academic reports, books, records, interviews) to form a nucleus of accessible, global knowledge on the issue;

b) undertake the initiation and stimulation of new documentation, research and case studies;

c) regularly update such information and follow-up case histories;

d) assist in the preparation of drafts for regional workshops and conferences;

e) undertake development and updating of the existing website to include sound files/music samples, the presentation of case stories and to function in close co-operation with similar websites that focus on the violation of cultural rights/freedom of expression as defined by the UN Declaration of Human Rights;

f) facilitate media coverage by offering case histories and access to documentary resources to help create awareness amongst the public, political institutions and governments.

g) help development organisations to further the aims of cultural cooperation

h) seek cooperation with local organisations to strengthen the position of musicians and composers
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RULES OF PROCEDURE

4.1 Membership of FREEMUSE shall constitute individual persons, institutions or organisations that further and respect the aims and objectives of FREEMUSE. Votes may be cast at General Assembly elections for the composition of the Executive Committee and on such matters as the Executive Committee shall determine.

5.1 All members shall advance the interests of the organisation and shall avoid any action, which might discredit or damage the organisation or interfere with the achievement of its aims. Any member deemed to have violated such interests may be asked to resign after the Executive Committee offers the entire membership the opportunity to vote and the resulting tally indicates that two-thirds of  the Executive Committee those responding have ratified his/her removal.

6.1 Members, whether individuals, institutions or organizations, shall each have one vote in the General Assembly or at specially organized votes, by simple majority.

7.1 Affiliates are networks and organisations that share the aims of FREEMUSE and undertake to co-ordinate activities and campaigns with FREEMUSE wherever possible.

8.1 Dues, the amount of which will be determined by the Executive Committee, will be designated for FREEMUSE activities and actions to support musicians whose rights of freedom for expression  have been violated. Honorary members who do not pay dues remain members but have no vote.  

a) The Executive Committee has the right to change the amount of dues after ninety (90) day's notice to the membership.

9.1 Enumeration

a) The constituent body is comprised of a General Assembly, an Executive Director, an Executive Committee, a Board of Advisors and a Secretariat.

9.2 General Assembly

a) The General Assembly is comprised of the full membership of FREEMUSE.

Its powers are as follows:

i. to amend, add or eliminate policies as set down in this Charter. Proposed changes have to be debated and only adopted after a two-thirds majority vote in the affirmative.

ii. to present motions for discussion and to be put to a vote. These motions will have been submitted to the Executive Committee twelve [12] weeks prior to the Assembly, so that they may be circulated to the membership beforehand. Provision for emergency motions is described in paragraph 12.2. 

iii. to elect the members of the Executive Committee. New members of the Executive Committee shall be elected upon a simple majority. All nominations for the composition of the Executive Committee, other than those made by the Executive Committee, must reach the FREEMUSE Secretariat in writing at least six months before a General Assembly to be included in the postal ballot, which shall take place in the three months preceding each ordinary Meeting of the General Assembly. The results of the election shall be announced in the General Assembly. 
 
b) Meetings

i. A General Assembly meeting shall be held at least once every third year, on such date and at such time and place as shall be determined by the Executive Committee.

9.3 Executive Director
a) The Executive Director shall be the chief official of FREEMUSE. He/she shall be responsible for the overall running and activities of the organisation. In such cases where immediate action is required and there is insufficient time for detailed consultation with the Executive Committee, he/she shall have the authority to make such decisions, which will later be subject to ratification by the Executive Committee.

b) The Executive Director in close co-operation with the Executive Committee may hire staff or consultants. The Executive Committee shall approve all remuneration of staff. Subject to the authority of the General Assembly the Secretariat shall be the operating bureau of FREEMUSE, and shall be responsible for assisting the Executive Committee as referred to in Section 12 and for implementing all other decisions for action made by the Executive Committee.

c) The Executive Committee appoints the Executive Director via a simple majority vote. In the case of a tie, the Chair has the casting vote. The term will be three (3) years.

d) The Executive Director, in consultation with the Executive Committee, shall have the power to delegate specific responsibilities to other members of the Committee and to members of the organization;

i. These activities might include:

Sponsorship

Research, publication and training activities

Promotion and media relations

Membership activities

Government relations

Conference activities

Local committees

Rapid or alert actions

International law

e) The Executive Director has the right to sign in the name of FREEMUSE any contracts, documents or instruments requiring the signature of the organisation. All contracts, documents and instruments in writing so signed shall be binding upon FREEMUSE without any further authorisation or formality. This includes the right to authorise expenditures on behalf of FREEMUSE, and to employ and pay salaries to employees when said salaries are not covered by existing funding arrangements.

i. The Executive Director shall have the power by formal resolution to delegate this power of signature to a designated member of the Executive Committee.

f) The Executive Director, along with the Executive Committee, shall have responsibility for taking all decisions regarding the raising of funds to support the activities of FREEMUSE and/or its foundation.

g) The Executive Director may not vote at the General Assembly.

h) The position is salaried. Salaries to be set by the Executive Committee.

9.4 Executive Committee

a) The Executive Committee will be comprised of a minimum of five [5] and a maximum of seven [7] members.

b) The Executive Committee has the power to co-opt up to two [2] members, who will serve until the next General Assembly.

c) The term of the Committee will be a minimum of three [3] years with the Committee to be elected at the following General Assembly.

d) A maximum of three [3] new members of the Executive Committee can be elected at each General Assembly.

e) The Committee will meet a minimum of once every twelve [12] months.

f) The Executive Committee shall have the following powers:

i. elect a chair of the Executive Committee;

ii. The Chair of the Executive Committee shall, in the absence of the Executive Director, have the power to perform all the duties as outlined in Section 9.3.

iii. The Chair of the Executive Committee will be voted by simple majority by the Executive Committee and will be selected from the Executive Committee itself.

iv. general supervision of the affairs of the organisation between its General Assembly meetings;

v. oversee the implementation of the policies of FREEMUSE;

vi.  to decide an Annual Activity Plan, Plan of Action and budget;

vii. be charged with the election of the Board of Advisors by simple majority vote;

viii. ratify decisions made by the Executive Director as specified in 9.3.a with a simple majority;

ix. reverse decisions made by the Executive Director as specified in 9.3.a so long as there is a two-thirds majority;

x. remove the Executive Director upon a three-quarter majority vote;

xi. execute FREEMUSE's policy on sponsorship

xii. shall, with the Executive Director, have responsibility for taking all decisions regarding the raising of funds to support the activities of FREEMUSE and/or its foundation;

xiii. have the right to establish local branches in other territories;

xiv. fix the hour and place of Assembly meetings;

xv. perform such other duties as are specified in these by-laws;

xvi. propose emergency motions to the General Assembly;

xvii. accept, or to decline to accept, by simple majority, emergency motions from ordinary members proposed at the General Assembly;

xviii. remove members who do not further the aims and objectives of FREEMUSE.

xix. have the power to install a new member should a standing member of the committee not serve the full term, to serve until the next General Assembly, and by simple majority vote to suspend members, should he or she not full fill their obligations. Suspension is to be ratified and rescinded at next General Assembly meeting.

g) Only the Chair and the Executive Director has the power to issue statements on behalf of FREEMUSE, and to delegate this task to other members of the Executive Committee.

h) The Executive Committee shall be paid no salary though it is understood that all reasonable travel and hotel expenses along with a per diem will be provided by FREEMUSE.

9.5. Board of Advisors

a)  The Board of Advisors shall aid in realising the aims and objectives of FREEMUSE.  It is also expected that the Board will facilitate the furthering of FREEMUSE's relationships with its affiliates and help it reach the governmental and non-governmental agencies with influence over the issues with which FREEMUSE is concerned. It is not expected to attend regularly the General Assembly meetings;

b) The Board of Advisors shall be selected from the widest possible range of disciplines that represent the issues to be addressed by FREEMUSE. Where possible they will also represent the broadest possible ethnic, geographical and cultural diversity.

c) The Board of Advisors shall not have voting rights.

d) The Board of Advisors shall not be remunerated.

9.6 Secretariat

a) The location of the FREEMUSE office shall be determined by the Executive Committee.

b) The Secretariat shall be the operating bureau of FREEMUSE and shall be made up of the Executive Director and such professional, administrative and clerical employees of the organisation as may be required from time to time.

c) The working language of the Secretariat shall be English.

With the exception of confidential items, the minutes of the Executive Committee, General Assemblies, and all open meetings shall be available to the general membership of FREEMUSE.

11.1 Assumption of Liability

Every director of FREEMUSE or other person who is undertaking any liability on behalf of FREEMUSE shall be indemnified and saved harmless out of the funds of FREEMUSE for all costs incurred in any action brought against the individual, or in respect of any action done or permitted by the individual, in the execution of his/her duties, except such expenses as are occasioned by the director or individual's own neglect or wilful or default.

12.1 Location of Meetings

The general assembly, or any other meeting of members, shall be held at a venue to be determined by the Executive Committee and on such days, as the Committee shall determine. The Executive Committee or the Executive Director shall have power to call, at any time, a general assembly, or any other meeting of the members of FREEMUSE.

12.2 Presenting Motions

Every member who have paid annual dues in good standing has the right to present motions to any meeting of FREEMUSE.

a) Emergency motions may be presented at the Assembly at the discretion of the Executive Committee.

12.3 Voting
Every individual member who have paid annual dues  in good standing shall have one vote and no more.

12.4 Quorum
Two thirds or at least five (5) members shall constitute a quorum  at a General Assembly shall constitute a quorum. At least one [1] member of the Executive Committee must be present.

12.5 Majority Decision
Every question shall be determined by a simple majority of votes unless otherwise specifically provided by statute or these by-laws.

12.6 Chair's Vote
If there is a tie in a vote at a General Assembly meeting, the chair may cast the deciding vote.

12.7 Open and Closed Sessions
Meetings will be open unless specified or requested as a closed session.

12.8 Auditor
Auditing of FREEMUSE will be provided by a Chartered Accountant in accordance with internationally accepted audit standards.

12.9 Error of Notification
No error or omission in giving notice of any annual, general or special meeting or any adjourned meeting, whether annual, general or special, of the members of FREEMUSE shall invalidate such meeting or make void any proceedings. Any member may at any time waive notice of any such meeting and may ratify, approve and confirm any or all proceedings. Members, directors or positions shall be contacted at their last address recorded on the books of FREEMUSE.

13.1 Amendments to these by-laws shall be presented in written form to the Executive Committee or by written petition of a group of at least ten (10) active members. After presentation there must be opportunity for discussion of the proposed amendment at a General Assembly.

13.2 Thereafter the statute may be amended only by an affirmative vote of two-thirds of the membership attending the General Assembly or of all members, taken at a General Assembly meeting. The text of any proposed amendment shall accompany the notice of such meeting.

14.1 Should FREEMUSE be disbanded, the Executive Committee shall have the sole authority to decide where all the documentation, collected materials and archives should be deposited.

APPENDIX

Officers

I. Executive Director, Marie Korpe

II. Executive Committee Chair, Martin Cloonan

III. Executive Committee
Martin Cloonan, Daniel Brown, Krister Malm, Klaus Slavensky, Tsigue Shiferaw, Robin Gross and Layla Al-Zubaidi.