§974 Military Musical Units and Musicians: Performance Policies; Restriction on Performance in Competition with Local Civilian Musicians

Summary

Military bands and service members who perform as part of those bands must not do musical work that competes with local civilian musicians. That rule covers playing more-than-incidental music at events that are both not paid for by the U.S. government and not free to the public, and it also covers background, dinner, dance, or social music at off‑base events that are not government-funded. If the music is only incidental to an event, it is not treated as competing. The rule does not apply to official government events paid for by the U.S., free patriotic or national holiday events, performances at military-welfare or traditional morale events or events for service members and their families (as allowed by rules), or performances for dignitaries or to support relations with other nations. The ban on competing does not apply to performances outside the United States, its commonwealths, or possessions. Military musicians may not be paid for official performances except for their military pay and allowances. Under rules the Secretary of Defense sets, a military musical unit may make recordings for public sale at no more than the cost to make and distribute them, and any money from sales must go back into the same fund that paid for the recording and be used the same way. The Secretary in charge may accept donations of money, property, or services to benefit a military musical unit; donated money must be put into the unit’s funding account and used under the same rules. A military musical unit means a band, ensemble, chorus, or similar group.