Kara Sears
Copyright law applies to all uses of copyrighted work, regardless of whether the entity using it is a non-profit or for-profit organisation. This means that non-profits are not immune from copyright infringement. To avoid copyright infringement, non-profits can use material from the public domain, pay a licensing fee to the copyright owner, use contracts to protect themselves from liability, or consult a copyright attorney. Non-profits can also use copyrighted material under the fair use doctrine, which allows limited portions of a work to be used for purposes such as commentary, criticism, news reporting, and scholarly reports. However, fair use is not clearly defined and does not blanket apply to non-profits. Ultimately, it is important for non-profits to understand their legal obligations when using copyrighted material to avoid potential lawsuits.
| Characteristics | Values |
|---|---|
| Does copyright law apply to non-profits? | Yes, copyright laws apply to both profit and non-profit organisations. |
| What is copyright? | "The right to copy", referring to the creator's right to reproduce an original work. |
| How can non-profits avoid copyright infringement? | Use material from the public domain, pay a licensing fee to the copyright owner, use contracts, and consult with a copyright attorney. |
| What is fair use? | The use of a copyrighted work for comment, criticism, news reporting, teaching, research or scholarship. |
| Does fair use apply to non-profits? | While non-profits have more leeway, fair use is determined by the purpose and character of the use, the nature of the copyrighted work, and the amount and "substantiality of the portion" used. |
What You'll Learn
Non-profit status does not protect against copyright infringement
Non-profit organisations are not immune from copyright laws. While the intention of a non-profit may be good, and they are not making a profit from the use of copyrighted material, they are not automatically protected under "fair use" copyright laws.
Copyright law applies to all uses of copyrighted work, even for non-profits. The original creator, as the copyright holder, has the ability to bring lawsuits against anyone who uses their work without permission. It is then up to the courts to decide if the copied work infringes on the copyright.
Non-profits can avoid copyright infringement by using material in the public domain, which is where copyrighted material goes when the copyright has expired. They can also pay a licensing fee to the copyright owner, or use work that the original creator has specifically licensed for re-use.
In some cases, using part of a copyrighted work and providing attribution may be enough to stay within copyright laws, but it is important to seek legal counsel. Obtaining permission from the original creator is a good way to avoid any potential issues.
Non-profits should also be aware of their own original material and ensure they are protecting their copyright. It is a good idea to put the copyright symbol on original materials, along with the year and the copyright owner. While this does not enforce the copyright, it is a good visual reminder to others that the work is copyrighted. To enforce a copyright, it must be registered.
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Non-profits can use material from the public domain
Non-profit organisations are not exempt from copyright laws. They need to obtain a license from the copyright holder or use music in the public domain. The public domain is where copyrighted material goes when the copyright has expired. This material is free for anyone to use. Non-profits can find public domain material online by searching for public domain music, movies, or television shows. However, most of the material is older, produced before 1923, so non-profits might not be able to find everything they need.
Additionally, non-profits must be mindful of the rules and regulations surrounding music licensing to avoid facing legal consequences. They should understand fair use provisions and know when a license is required. Assuming that they can use copyrighted music without permission as long as they do not monetise their content is a mistake. Non-profit organisations must obtain permission from the copyright owner or license the music they wish to use, regardless of whether the intention is commercial use or not.
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Non-profits can pay a licensing fee to the copyright owner
Non-profit organisations are not immune from copyright laws. If a non-profit uses copyrighted material without the permission of the copyright holder, they are at risk of copyright infringement.
Music licensing is a little more complicated, as there are three different licensing companies: Broadcast Music, Inc. (BMI), the American Society of Composers, Authors and Publishers (ASCAP), and the Society of European Stage Authors and Composers (SESAC). A non-profit would need a license from each of these organisations to be fully covered for having music at an event.
It's important to note that non-profits cannot use a personal copy of a film or TV show, or use a personal streaming account, as these are for personal use only. A non-profit is considered a business for licensing purposes.
When seeking a license, non-profits should be prepared to explain what the event is and how the material will be used. They may even be granted a royalty-free license, which means they wouldn't have to pay any fees to use the copyrighted material.
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Non-profits can use contracts to protect themselves from liability
Non-profit organisations are not exempt from copyright laws. If a non-profit uses copyrighted material without permission, it can be held liable for copyright infringement.
It is also important to have a contract with the individual responsible for planning the event, whether they are a board member or an outside contractor. The contract should state that no unlicensed material is to be used and that the individual, not the non-profit, is responsible for any legal fallout. These types of contracts can be complicated, so it is best to have them drafted by a lawyer.
In addition to contracts, non-profits can also protect themselves from liability by purchasing insurance. D&O insurance, for example, covers claims arising from errors and omissions by directors, officers, and other covered individuals. General liability insurance is also recommended for other losses, such as personal injury claims or property damage.
By taking these precautions, non-profits can reduce their risk of being held liable for copyright infringement or other legal issues.
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Non-profits can consult a copyright attorney
Copyright law applies to non-profits, and non-profits can be held liable for copyright infringement. Non-profits can consult a copyright attorney to ensure they are not improperly using someone else's material and to protect their original material.
A copyright attorney can advise on whether an event or publication presents copyright infringement risks and help obtain permission to use copyrighted material. They can also draft any necessary contracts. For example, if a non-profit plans to have live music at an event, a contract with the band or musician should state that they will not play copyrighted music without permission, and that they are responsible for any legal fallout if they do.
Additionally, a copyright attorney can help establish who owns the copyright of original material created by the non-profit, whether it is the nonprofit, a staff member, or a volunteer. They can also advise on how to ensure the non-profit's staff respects the copyrights of others. This includes adopting a policy that requires an agreement on copyright to be signed by employees, contractors, and volunteers.
Consulting a copyright attorney can help non-profits avoid legal issues and ensure they are respecting the rights of others while also protecting their own original work.
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Frequently asked questions
Yes, copyright laws apply to both profit and non-profit organisations. Non-profits are not protected from copyright infringement due to their status.
The "fair use" doctrine states that using a copyrighted work for comment, criticism, news reporting, teaching, research or scholarship is not considered copyright infringement. However, this does not mean that simply not profiting from the use of a copyrighted work qualifies it as fair use.
To avoid copyright infringement, you should obtain permission from the copyright holder, use material from the public domain, or use work that has been specifically licensed for re-use.
