Protecting Your Ohio Nonprofit in the Digital Age: Legal Risks and Best Practices
By Nouvelle L. Gonzalo, Esq. and Ms. Anyelis Montano
Introduction
As a nod to the trending social media theme of “it’s kinda chic,” one can certainly say, “it is kinda chic to turn compassion into a properly governed nonprofit. The world of non-profits does that, yet some may not realize the considerations to make sure that the intellectual property of the non-profit is managed well. As nonprofits continue to expand their presence online, the legal responsibilities that come with maintaining a digital presence continue to grow as well. While nonprofit compliance has traditionally focused on governance, tax-exempt status, and charitable registration, organizations today face additional legal considerations as they navigate an increasingly digital environment. This article examines how that shift has expanded the legal risks nonprofits face and why understanding those responsibilities is becoming more important than ever.
I. Branding Protection and Intellectual Property Risks
As nonprofit organizations continue expanding their digital presence through websites, social media, and online fundraising platforms, protecting intellectual property should become part of the organization’s legal compliance strategy. A nonprofit’s name, logo, website, and online content often create the first impression for donors, volunteers, and the public. The 2025 Nonprofit Tech for Good Report found that more than 91% of nonprofits worldwide use social media for fundraising and donor engagement.1 As organizations continue relying on digital outreach, they should take proactive steps to protect the digital assets connected to their organization. This includes registering trademarks, protecting original creative works, monitoring for unauthorized use of organizational branding, and evaluating whether innovations developed by the organization qualify for patent protection.
A. Trademark Protection
One of the first steps a nonprofit can take to protect its digital presence is securing trademark protection for its name, logo, slogan, or other branding elements. As organizations become more visible online, they also become more vulnerable to copycat organizations, fake social media accounts, and unauthorized use of their identity. Unlike traditional advertising, digital platforms allow misleading accounts and confusingly similar branding to spread quickly, which increases the risk of donor confusion and reputational harm.
Trademark rights are governed primarily by the Lanham Act. Under 15 U.S.C. § 1114, a trademark owner may bring an action against another party that uses a registered mark in a way that is likely to cause confusion.2 Likewise, 15 U.S.C. § 1125 protects against false designation of origin and false or misleading representations that may confuse the public even when a mark is not federally registered.3 Ohio nonprofits should conduct a trademark search before adopting a new name or logo and consider registering eligible marks with the United States Patent and Trademark Office or through the Ohio Secretary of State under Ohio Revised Code Chapter 1329.4 Organizations should also routinely monitor websites, fundraising platforms, domain names, and social media accounts for unauthorized use of their branding and address infringement as early as possible before confusion spreads among donors.
B. Copyright Protection
Protecting original content is equally important as nonprofits continue increasing their use of digital marketing. Copyright law protects original works of authorship, including website content, educational materials, photographs, videos, graphics, newsletters, and social media posts. Unlike printed materials, digital content can be copied, reposted, downloaded, or altered within seconds, which significantly increases the risk of unauthorized use.
Nonprofit organizations are not exempt from federal copyright law simply because they operate for charitable purposes. Under 17 U.S.C. § 102, copyright protection exists for original works fixed in a tangible medium of expression.5 Under 17 U.S.C. §§106 501, unauthorized reproduction, distribution, public display, or other infringing uses may result in a copyright infringement claim.6 To reduce this risk nonprofits should only use content they created themselves obtain written permission before using third party materials purchase appropriate licenses when required and maintain agreements with photographers’ designers and other content creators establishing ownership of original works. Registering valuable works with the United States Copyright Office may also provide additional legal remedies if infringement occurs.
C. Patent Protection
Although patents are less common than trademarks and copyrights, some nonprofit organizations should still consider whether patent protection is appropriate. Patents protect new and useful inventions rather than names, logos, or creative works. For example, a nonprofit research organization that develops a new medical device, educational technology, environmental invention, or scientific process may qualify for patent protection if the invention satisfies federal patent requirements.
Under 35 U.S.C. § 101, an inventor may obtain a patent for a new and useful process, machine, manufacture, or composition of matter. The statute notes how nonprofits engaged in research or innovation should evaluate patent protection prior to public disclosure regarding an invention.7 That is because early public disclosure has the ability to affect available patent rights. Organizations should maintain documentation throughout the development process and consult intellectual property counsel before publishing research or releasing new technology. Taking these steps helps preserve intellectual property rights while allowing nonprofits to continue advancing their charitable mission through innovation.
II. Online Fundraising Compliance and Social Media Risks
A. Charitable Solicitation Requirements
Online fundraising has become one of the fastest-growing methods for nonprofits to engage donors and generate financial support. Crowdfunding campaigns, donation platforms, email solicitations, and social media fundraising allow organizations to reach supporters beyond their local communities. The 2025 M+R Benchmarks Report found continued growth in online fundraising revenue across the nonprofit sector as organizations increasingly rely on digital donations.8 As fundraising continues shifting online, nonprofits should ensure their digital campaigns comply with charitable solicitation laws, donor disclosure requirements, recordkeeping obligations, and advertising standards.
B. Registration and Reporting Obligations
Under Ohio Revised Code Chapter 1716, Ohio regulates charitable solicitations.9 Before the solicitation of donations, it is advised that organizations first determine whether they are required to register with the Ohio Attorney General under Ohio Revised Code § 1716.02 or whether they qualify for an exemption under Ohio Revised Code § 1716.03.10 For instance, certain charitable organizations with gross revenue of $25,000 or less during the preceding fiscal year may qualify for an exemption. Organizations qualify for this exemption if they do not compensate anyone primarily to solicit contributions. However, with organizations that exceed this threshold, they must generally register with the Attorney General within thirty days after receiving the additional revenue. The required organizations must also file annual registration statements and annual financial reports that include accurate and current financial information. Ohio law requires organizations to maintain records of solicitation activities. The law shown on Ohio Revised Code §§ 1716.04, 1716.10, and 1716.11 states organizations are to provide specific disclosures during charitable solicitations.11 These methods help promote donor transparency, accountability, and public confidence as fundraising continues expanding through digital platforms.
C. Social Media Liability
Social media presents legal risks extending beyond fundraising. To avoid legal risks brought forth by social media regulations, organizations should ensure that all content accurately represents their mission, fundraising purpose, and use of donated funds because misleading charitable solicitations are prohibited under Ohio Revised Code § 1716.14. Nonprofits should also avoid copyright infringement, trademark infringement, and misappropriation of name, image, or likeness by obtaining permission before using photographs, videos, testimonials, or other protected content in marketing campaigns.12 To avoid statute conflicts, organizations should implementing written social media policies, content review procedures, and approval processes into their organizational process before publication as an effective measure. in doing so, this may help an organization reduce legal exposure while protecting donor confidence and the organization’s reputation.
III. Leadership Responsibilities and Digital Governance
A. Board Oversight of Digital Operations
As nonprofit organizations continue expanding their digital presence, leadership responsibilities now extend beyond financial oversight and internal management. Modern forms of marketing such as websites, social media platforms, online fundraising campaigns, and digital communications have become essential parts of nonprofit operations. Activities such as charitable solicitation efforts and organizational reputation affect donor confidence. Nonprofit boards should adopt written policies governing digital communications, cybersecurity, document retention, social media use, and crisis response to combat potential crisis issues. Along with these steps, implementing written agreements would help establish policies before issues arise and demonstrate that the organization is exercising appropriate oversight and fulfilling its governance responsibilities.
B. Fiduciary Duties of Nonprofit Directors
Protecting the intellectual property of the organization is consistent with the legally required fiduciary duties of a non-profit. Ohio nonprofit directors owe fiduciary duties to organizations under the Ohio Revised Code § 1702.30. All directors must act in good faith in a manner they reasonably believe to be in the best interests of the corporation along with the care that an ordinary person in a like position would exercise under similar circumstances. As nonprofit operations begin to increasingly rely on digital platforms, the duties within the organization have become more extensive.13 These now extend to overseeing online presence, protecting confidential information, and generally monitoring all reputational risks. Most importantly, ensuring compliance with laws governing charitable solicitations, intellectual property, privacy, and cybersecurity is a rising area of focus. Directors should also avoid conflicts of interest as required under Ohio Revised Code § 1702.301 when decisions involving vendors, consultants, technology providers, or fundraising platforms could create personal financial interests.14 With a failure in exercising reasonable oversight, there may be exposure in the organization to legal liability, reputational harm, and loss of donor confidence.
C. Crisis Communications and Legal Risk Management
One of the most effective governance tools is adopting written crisis communication and social media policies. These policies should identify who has authority to speak on behalf of the organization, establish approval procedures before public statements are released, provide procedures for correcting inaccurate information, and preserve organizational records related to public communications. During a crisis, organizations should avoid making false or misleading statements that could expose the nonprofit to claims involving defamation, negligent misrepresentation, or deceptive charitable solicitation practices. Organizations should also ensure that photographs, videos, logos, music, and other digital content used in public communications and media publications comply with the federal copyright law under 17 U.S.C. § 501 and federal trademark protections under the Lanham Act.15 As a result, when collecting or storing donor information, organizations should also implement reasonable administrative and technical safeguards to reduce the risk of unauthorized disclosure or cybersecurity incidents.
D. Digital Recordkeeping with Corporate Governance
Digital governance requires maintaining appropriate organizational records in all areas. Ohio requires nonprofit corporations to maintain certain corporate records, including governing documents, meeting minutes, and other records necessary for corporate governance as expressed in Ohio Revised Code § 1702.15. As nonprofits continue to grow, organizations should adopt policies addressing electronic records, document retention, password management, and access to organizational accounts.16 These governance practices strengthen operational continuity, protect organizational assets, and demonstrate that the board has exercised reasonable oversight while adapting to an increasingly digital environment.
Conclusion
Hence, Ohio nonprofits are growing their online presence. As a nonprofit that operates online, organizations need to regularly check if their trademarks and copyrighted materials are well-protected, make sure their fundraising efforts follow Ohio’s charitable solicitation laws, and confirm that their board policies cover digital governance and how they communicate with the public. By taking these actions before problems happen and getting legal advice when needed, organizations can lower their chances of facing legal issues, keep donors’ confidence, and keep moving forward with their goals online.
References
1 Nonprofit Tech For Good | A digital marketing and fundraising resource for nonprofits. (n.d.). https://www.nptechforgood.com/
2 15 U.S.C. § 1114. (2026)
3 5 U.S.C. § 1125(a) (2026)
4 Ohio Rev. Code Ann. ch. 1329. (2026)
5 17 U.S.C. § 102. (2026)
6 17 U.S.C. §§106 501. (2026)
7 35 U.S.C. § 101. (2026)
8 M+R benchmarks 2026. (n.d.-a). https://mrbenchmarks.com/
9 Ohio Rev. Code Ann. ch. 1716. (2026)
10 Ohio Rev. Code Ann. § 1716.02-3 (2026)
11 Ohio Rev. Code Ann. §§ 1716.04, 1716.10, 1716.11. (2026)
12 Ohio Rev. Code Ann. § 1716.14. (2026)
13 Ohio Rev. Code Ann. § 1702.30. (2026)
14 Ohio Rev. Code Ann. § 1702.301.
15 17 U.S.C. § 501. (2026)
16 Ohio Rev. Code Ann. § 1702.15.
About the Authors
Nouvelle L. Gonzalo, Esq. is a U.S. and international corporate lawyer who works with companies across the globe. She is the managing attorney of Gonzalo Law PLLC, a U.S. and international corporate law firm with offices in Florida and Ohio and with new office opening in New York and future ones planned for London and Singapore. Attorney Gonzalo also serves as an on-air legal Correspondent for ABC, NBC, CBS, FOX, and Bloomberg Business. In addition to the active practice of law, she has served as adjunct faculty of international corporate law at the University of Florida, Levin College of Law for three years. She has been recognized as a rising star by the national organization, Super Lawyers from 2019-2024. Her practice areas include: international corporate law, healthcare corporate law, intellectual property law, and nonprofit law. She can be reached at [email protected] or via phone at 855-466-9256.
Anyelis Montano is a first-generation college student at the University of Florida pursuing a double major in Political Science and Criminology with minors in Public Service and Public Relations. She is interested in law, public policy, and community impact and plans to pursue a Juris Doctor after graduation.
Anyelis has experience in legal research, strategic communications, public service, and student leadership. She currently serves as Vice President of Changemakers and External Vice President of the Women’s Student Association. She previously served as Social Media Manager at Gonzalo Law PLLC, where she supported the firm’s marketing, communications, and administrative initiatives. She has also completed legal, legislative, and administrative internships with Patino Law Firm and the Marion County Board of County Commissioners.
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