November 10, 2025

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In the hustle and bustle of daily work and service, faith-based nonprofits may never stop to think about copyright law. But that may be a very costly mistake. Why?

There is no automatic exemption for religious or nonprofit organizations under federal copyright law.

What many nonprofits, faith-based or otherwise, may not know is that there is no nonprofit exemption to the U.S. federal copyright laws. In other words, the copyright laws apply equally to nonprofits. They can be held liable for the reproduction, distribution, or performance of a copyrighted work, even if the nonprofit had no intent to infringe another’s copyright. Liability can attach even when the nonprofit did not actively create the infringing content.

Although there is a well-known “fair use” defense in copyright law, that defense does not automatically cover nonprofits. The fair use doctrine permits one to use a copyrighted work without permission of the copyright owner, so long as certain conditions are satisfied. To determine whether a particular use is a “fair use,” courts consider: “(1) the purpose and character of the use, including whether such use is of a commercial nature or for nonprofit educational purposes; (2) the nature of the copyrighted work; (3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and (4) the effect of the use upon the potential market for or value of the copyrighted work.”¹

But the first factor specifically mentions “nonprofit educational purposes.” So shouldn’t nonprofits be safe? Unfortunately, simply being a nonprofit does not permit an organization to claim fair use. Courts balance all four fair use factors, and the factors are non-exhaustive. Further, uses by a nonprofit may be found commercial if they align with profit-making activities, such as uses in marketing materials.

Faith-based nonprofits can also not rely on any special exemptions applicable by virtue of their religious status. Although there is a religious services exemption in the federal copyright laws, it is very narrow. It permits the public “performance of a nondramatic literary or musical work . . . or display of work, in the course of services at a place of worship or other religious assembly.”² But it does not protect faith-based nonprofits from infringement in their day-to-day business activities.

Practical Suggestions for Avoiding Infringement 

With this knowledge, how should faith-based nonprofits avoid the pitfalls of copyright law? Faith-based nonprofits should consider (1) using material from the public domain; (2) developing basic contracts; (3) taking advantage of the Digital Millenium Copyright Act (DMCA) safe harbors; (4) implementing a rights management database; and (5) educating their employees.

1. Use material from the public domain.

The most straightforward place that nonprofits can start is utilizing information only from the public domain. Works in the public domain are not protected by copyright laws, so they can be used freely without legal risk. Although the public domain contains an amorphous and ever-changing body of work, you can be on the lookout for certain kinds of works that fall within it. One example is works for which the copyright has expired. In 2025, all works published in the United States before 1930 have an expired copyright. Another example: works created by federal government employees or officers in their official capacity are in the public domain.  

2. Develop basic contracts.

Contracts can go a long way towards avoiding copyright infringement liability. For example, consider a situation in which you hire an individual or recruit a volunteer to take photographs at an event your nonprofit is hosting. Any photos or videos that the photographer takes will not be the property of your nonprofit; instead, they will be the property of their creator, the volunteer or contractor. So if you plan to use those photographs on your website or in marketing materials, you’ll need to get a license to cover your organization’s intended uses. Having basic form license agreements ready to go and part of standard procedure for any event your organization hosts can speed up this process and avoid accidental infringement. You can also consider basic assignment agreements that transfer ownership in advance to your nonprofit.

Licenses and assignments need not be hundreds of pages and full of legalese to be effective and legally binding. Templates exist online that can be easily tweaked to suit the needs of your organization.

3. Take advantage of the DMCA safe harbors.

One pitfall of copyright liability is that you can be held liable for infringing content on your website, social media, or other public platform, even if a third party uploaded the infringing content to your sites. Imagine a message board where community members that your nonprofit serves can engage and interact. If members accidentally post infringing content on that board, your organization could be liable.

Section 512 of the Copyright Act provides various safe harbors for organizations to limit this kind of liability.³ But these safe harbors require careful adherence to procedure. Although you should carefully review the safe harbors, as a general matter, your organization should (1) designate an agent for service of copyright claims on your website and by filing with the U.S. Copyright Office; and (2) post a “repeat infringer policy” on your website and reasonably implement that policy.⁴ You must also respond expeditiously to notices of claimed infringement.⁵

Complying with the DMCA safe harbor requirements will also make it easy for any copyright complainants to come to you first, rather than going straight to the courts over a copyright dispute. Respond promptly to any “DMCA Notice” or “Section 512 Notice” that your organization receives to further avoid litigation.

4. Use a rights management database.

Consider creating a database to organize any licenses or releases that your organization obtains from third parties to use those third-party copyrights. Records of licenses and other releases should be kept in a centralized, systematized location. Licenses often permit you to use a copyright for particular purposes and for a set length of time. You need to determine — and communicate clearly to your staff — what each license permits and doesn’t permit, and when each expires. Licenses are also evidence that your organization did not infringe. So if ever a third party asserts infringement, a well-ordered database will allow you to quickly and calmly marshal proof that your organization in fact had the right to use the particular copyrighted material.

5. Educate your employees.

Last, but certainly not least, educate your employees on common copyright infringement pitfalls. Education can be as simple as a short 30-minute presentation where employees are informed about what copyrighted material is and how they might unintentionally commit copyright infringement. If you do create a database to organize your intellectual property contracts, train your staff on how to keep that database up to date and how to use it to prevent infringement.

Conclusion

Faith-based nonprofits are just as vulnerable to copyright infringement liability as any other company. And that liability is vast because virtually any original work fixed in a tangible medium can be copyrighted, and damages for copyright infringement can be staggeringly high. Copyright owners can seek “statutory damages” between $750 and $30,000 per work infringed.⁷

Consider implementing some or all of the above tips to limit your organization’s potential copyright infringement liability. Make sure your employees are educated in the basics of copyright infringement, too. And when in doubt, seek clarity about the copyright status of any material you are using, or simply don’t use that material until you are sure you can.

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¹ 17 U.S.C. § 107

² 17 U.S.C. § 110(3)

³ 17 U.S.C. § 512

⁴ 17 U.S.C.§ 512(c)(2),(i)(1)(A)

⁵ 17 U.S.C.§ 512(c)(1)(C)

⁶ 17 U.S.C § 504(c)(1)