Intellectual Property for Nonprofits

Copyrights - protect original creative works like manuals, reports, videos, photos, music, and website content. A copyright exists as soon as a work is fixed in a tangible form.

Trademarks / Service Marks - protect names, logos, and slogans that identify your nonprofit’s programs or services and distinguish them from others.

Trade Secrets - confidential or proprietary processes, donor lists, marketing strategies, or internal tools that provide organizational value.

Patents - protect inventions or processes, though less common for most nonprofits.

Rights of Publicity - control commercial use of someone’s name or image.

If the nonprofit paid an employee to create something in the course of their work, the nonprofit generally owns the rights.

If a founder or volunteer created materials before or outside their official nonprofit role, that person usually owns those rights unless there’s an agreement saying otherwise.

For independent contractors or consultants, ownership usually depends on contracts - without a written assignment or “work made for hire” agreement, the contractor may retain rights.

Protecting Your Mission and Brand
Your name, logo, and original content are assets that communicate credibility and help you deliver services. Securing rights and, when appropriate, registrations helps protect your reputation and mission.

Avoiding Unintended Benefits to Individuals
The IRS prohibits “private inurement,” which means insiders (like founders or executives) can’t receive benefits beyond what they provide in return. If your nonprofit uses IP created by an insider without clear terms, it could raise tax-exemption risk.

Respecting Others’ Rights
Just as your organization wants its IP honored, your nonprofit must respect the IP of others. Using someone else’s content (from the internet, a volunteer’s past work, etc.) without permission could lead to claims of infringement.

Conduct an IP Audit
Create a simple inventory of all the intellectual property your nonprofit creates or uses - from logos and written materials to digital content. Document who created it and any agreements about rights.

Use Written Agreements
Whenever possible, get written assignments or licenses for works created by founders, employees, volunteers, or contractors. This avoids confusion later about ownership or usage rights.

Clarify “Founder IP” Early
If a founder brings pre-existing materials into the nonprofit, document whether the nonprofit will have rights to use, modify, or distribute those materials.

Consider Benefit of Registering Your Names & Logos
Federal registration of trademarks isn’t required, but it can provide stronger protection for your nonprofit’s brand identity.

Respect Third-Party Content
Just because a photo, article, or template is on the internet doesn’t mean it’s free to use. Always check licenses and obtain permission when needed.

A founder wrote a book or curriculum before starting the nonprofit and now wants the nonprofit to use it in programs - you’ll need to clarify ownership or licensing.

Your nonprofit uses a volunteer’s unique design or photos on your website - a written agreement can ensure you have the right (and expected) permissions.

Someone posts content online your team wants to reuse - check whether it’s copyrighted and whether a license is required.

You’re drafting licensing or assignment agreements

A founder or significant donor claims rights to critical IP

You’re concerned about IP’s impact on tax-exempt status

You’re considering registering trademarks or dealing with infringement claims