Legal Question in Business Law in California

Do I have to get the approval from a non-profit in order to let my website visitors know that a portion of the proceeds from each sale goes to that particular non-profit? Can they legally ask me to take down any mention of their charity on my site?


Asked on 5/05/11, 11:11 am

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

In my view, there is a big difference between "any mention" (which the charity probably couldn't prevent) and a statement that a portion of the proceeds from each sale goes to the charity, which I believe the charity can lawfully demand. The first is a First Amendment free-speech right. The latter is a potentially misleading suggestion that there is an agreement between the charity and you; it also places you in a position of appearing to be the charity's agent for the receipt of gifts, which you aren't. I don't know of any statute or case law on this topic, but I would not be at all surprised if there were.

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Answered on 5/05/11, 12:06 pm


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