Intellectual property can be an area of significant risk for nonprofit organizations, both in terms of violating someone else’s intellectual property rights and protecting the intellectual property of the organization. Ownership of intellectual property can get murky quickly, and it’s important for organizations to understand their risk and put the right policies, procedures, and agreements in place to reduce that risk.
Here are some important intellectual property considerations for nonprofits.
Naming your organization
From the very start of your organization, intellectual property has an impact. Before choosing a name, you should do thorough research to ensure both your name and your tagline are available for use. This goes beyond a simple online search in a web browser to see if anything comes up with that name.
First, search your state’s online registry for businesses and charitable organizations. Second, conduct a search through the United States Patent and Trademark Office. If you want to be as thorough as possible before investing in a name, work with an attorney who specializes in trademark to ensure the name is clear. Once your organization is established, be sure to take the steps needed for official trademark protection.
Using photos or images to promote your organization
Often, organizations get into trouble with intellectual property when using photos or images in materials they create. Photos and images cannot be used without permission or appropriate licensure. Just because an image is online does not mean it is available for use.
