Copyright Laws & Fundraising
Copyright law in the United States is simple in its basic principle, the assumption that the creator of a work has the right to give or withhold permission for its copying and distribution. Fundraising activities, even those conducted by not for profit organizations, must comply with copyright law.
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Copyright Law
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The creator of a work usually owns the copyright to the work except in certain circumstances. The creator may give away rights through a specific agreement. He or she may have created the work as an employee of an organization, in which case it may count as a work made for hire and be the property of the employer. Copyright may also expire after a period following the creator's death.
Fair Use
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An important exemption to copyright is the fair use doctrine. Parts of a work may be reproduced and distributed without the creator's permission for limited purposes. A typical example is the use of brief quotes from a copyrighted text for discussion or review purposes. Fair use may not apply if the purpose is to profit from use of the work, as may be the case in the context of fundraising by a commercial organization.
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Fundraising
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When using work created specifically for fundraising purposes, it is important to be clear whether the creator of the work is an employee of the organization or an independent contractor. If the former, then the work may be considered a work made for hire. If the latter, the creator likely retains copyright over the work. The situation may be unclear if, for example, the creator is acting as a full-time volunteer for a not for profit organization. When using other works for fund raising purposes, it is necessary to comply with copyright law and to be cautious about reliance on the fair use exemption.
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References
- Photo Credit logo image by Blue Moon from Fotolia.com
