A nonprofit’s name, logo, and original content are assets worth protecting, even though intellectual property often gets less attention at mission-driven organizations than at commercial businesses. This post covers the IP considerations most relevant to nonprofits and foundations.

Should a nonprofit trademark its name and logo?

Trademark registration protects against other organizations, charitable or commercial, adopting a confusingly similar name or logo, which can otherwise create real confusion for donors and beneficiaries and dilute the goodwill an organization has built over time.

State entity name registration alone doesn’t provide trademark protection; it only prevents another entity from incorporating under the identical name within that state. A federal trademark registration offers considerably broader protection and is worth pursuing once a name and brand identity are stable and the organization is operating beyond a purely local scope.

Who owns content created by staff, contractors, and volunteers?

Under copyright law, content created by employees within the scope of their employment generally belongs to the organization automatically. Content created by independent contractors does not transfer automatically, and without a written agreement assigning those rights, the organization may not actually own materials it paid a contractor to create, whether that’s website content, program materials, or promotional photography and video.

Volunteer-created content raises similar issues. Organizations that rely on volunteer contributors for substantive content, research, curriculum materials, or creative work, should have a simple agreement in place confirming the organization owns or has rights to use what’s produced.

How should a nonprofit handle licensing its content or materials?

Organizations that create valuable original content, curricula, research, training materials, sometimes license that content to other organizations, either for a fee or as part of the organization’s mission to disseminate its work broadly. Licensing terms should clearly define what the licensee can and can’t do with the material, whether the license is exclusive, and how the arrangement can be terminated.

Organizations should also think proactively about the reverse situation: using content, images, or materials created by others. Confirming proper licensing or permission before using third-party materials in publications, websites, or programming avoids infringement claims that can be costly and reputationally damaging for an organization built on public trust.

Does IP protection matter for a mission-driven organization the same way it does for a business?

In some ways more, not less. A nonprofit’s reputation and public trust are core assets, and brand confusion or content misuse can undermine both in ways that are hard to reverse. At the same time, many nonprofits want their materials to spread widely in service of their mission, which means licensing strategy is often as much about enabling appropriate use as restricting it.

Jova Law helps nonprofits and foundations assess intellectual property considerations in their agreements from a nonprofit law perspective. Learn more about our Nonprofit Intellectual Property Review practice.