Estimated Reading Time: 4 minutes
By the NRMC Team
From time to time the Center receives questions about intellectual property rights and the potential exposure facing a nonprofit when it “borrows” narrative or graphic content. We urge our clients and members to not only protect their intellectual property but to also respect the intellect of others by managing the risk of violating U.S. copyright laws. Get in the know by reading Chapter 4 our recently published book, Exposed: A Legal Field Guide for Nonprofit Executives . Chapter 4 includes information about works for hire, fair use doctrine, trademarks, and risk management strategies to guard against copyright violations. We even provide a sample ‘content review checklist,’ which can be used to uphold your organization’s content standards while materials are being approved for publication. Get a sneak peek of Exposed by reading the excerpt below from ‘Chapter 4: Intellectual Property.’
Intellectual property is an intangible creation of human intellect or creativity. The creators and owners of such property enjoy rights and protections under the law. The sources of these protections include federal laws covering copyrights, trademarks, and patents in addition to state laws protecting trade secrets. Copyrights protect written and artistic expression. Trademarks protect names and symbols that identify the source of goods or services. Patents protect inventions.
Nonprofit organizations engage in a wide range of publishing activities, from posting substantive content on an organization’s website, to printing a newsletter, publishing conference proceedings and studies, and producing fundraising literature. A nonprofit that publishes such material has two clear responsibilities:
The terms copyright infringement and copyright piracy refer to the exploitation of a copyright owner’s rights without permission. A document that is not protected by copyright is in the public domain and may therefore be used in any way–without permission.
Infringement of another’s copyright may be inadvertent. Your favorite search engine does not restrict itself to public domain content. Articles, images, videos and even music files found online are likely to be copyrighted and using them without permission could result in infringement. Unless you are home with your family, you need permission to stream a movie or show a DVD-irrespective of whether you charge a fee. Public performances of copyright protected plays, poetry, and songs require a license. Until just recently in September 2015, you even needed a license to sing “Happy Birthday to You” at a public performance.
Protecting your nonprofit’s intellectual property is crucial to the long-term success and sustainability of your organization. Intellectual property consists of items that your nonprofit’s staff have created that are unique and provide the nonprofit with an economic benefit, including inventions, designs, original works of authorship, and trade secrets. Four important but simple rules of thumb to protect intellectual property are:
To get ‘in the know,’ order your copy of Exposed and refer to these additional resources:
Join, Learn and Save |
|
Join our growing Affiliate Membership program to receive dedicated risk management advice, exclusive access to our webinar vault, and discounts on our publications and conferences. Join today for only $75 per month for nonprofits, or $125 per month for for-profits. |
Valuable Risk Resources |
|
Exposed: A Legal Field Guide for Nonprofit Executives. The newly released second edition of Exposed offers insight into a variety of legal risks facing nonprofits today. | Staff Screening Notebook. Use this easy 10-step guide to screening to find the best staff or volunteers for open positions at your nonprofit. Find the staff your mission deserves! |
“First let me congratulate you on a conference well done. I had a great time at the Nonprofit Employee Benefits Conference and walked away with some valuable tools and questions that we’ll need to be addressing in both the short and long term. Thanks to you and your staff for all you do to provide us with quality resources in support of our missions.”
“BBYO’s engagement of the Center to conduct a risk assessment was one of the most valuable processes undertaken over the past five years. Numerous programmatic and procedural changes were recommended and have since been implemented. Additionally, dozens (literally) of insurance coverage gaps were identified that would never have been without the work of the Center. This assessment led to a broker bidding process that resulted in BBYO’s selection of a new broker that we have been extremely satisfied with. I unconditionally recommend the Center for their consultative services.
“Melanie Herman has provided expert, insightful, timely and well resourced information to our Executive Team and Board of Directors. Our corporation recently experienced massive growth through merger and the Board has been working to better integrate their expanded set of roles and responsibilities. Melanie presented at our Annual Board of Director’s Retreat and captured the interest of our Board members. As a result of her excellent presentation the Board has engaged in focused review which is having immediate effects on governance.”
“The Nonprofit Risk Management Center has been an outstanding partner for us. They are attentive to our needs, and work hard to successfully meet our requests for information. Being an Affiliate member gave us access to so many time- and money-saving resources that it easily paid for itself! Nonprofit Risk Management Center is truly a valued partner of The Community Foundation of Elkhart County and we are continuously able to optimize staff time with the support given by their team.”
“The board and staff of the Prince George’s Child Resource Center are extremely pleased with the results of the risk assessment conducted by the Nonprofit Risk Management Center. A thorough scan revealed that while we are a well run organization, we had risks that we never imagined. We are grateful to know that we have now minimized our organizational risks and we recommend the Center to other nonprofits.”
Great American Insurance Group’s Specialty Human Services is committed to protecting those who improve your communities. The Center team has committed to delivering dynamic risk management solutions tailored to nonprofit organizations. These organizations have many and varied risk issues, hence the need for specialized coverage and expert knowledge for their protection. We’ve had Melanie speak on several occasions to employees and our agents. She is always on point and delivers such great value. Thank you for the terrific partnership and allowing our nonprofits to focus on their mission!