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

Summary

Military bands, singers, and other service music groups performing in an official role must not do musical work that competes with local civilian musicians. A performance counts as competing if it is more than a small part of an event that is not paid for by the U.S. government and that charges admission, or if it is background, dinner, dance, or social music at an off-base event that is not government-funded. Exceptions include official U.S.-funded events, free patriotic or national-holiday concerts or parades, small or incidental performances, events run by military welfare groups or meant to boost military morale, events for the benefit or recognition of service members and related people, and performances to honor dignitaries or strengthen ties with other countries. Service musicians may not get extra pay for official performances beyond their regular military pay and allowances. Under Defense Department rules, bands may sell recordings at cost and the money goes back into their funding account. Secretaries may accept donations to help a military music unit, with those funds added to the unit’s account. The competition rule does not apply to performances outside the United States, its commonwealths, or possessions. A military musical unit means a band, ensemble, chorus, or similar group.