Yes. Copyright infringement is actionable whether the unauthorized use is for profit or not. The absence of a profit may help support a “fair use” defense in some cases, but it is just one of several factors that courts weigh. Even nonprofit use of a copyrighted work without the owner’s permission can result in liability for infringement.
As one example, a nonprofit private foundation that prepared and distributed via satellite a program called Classic Arts Showcase used an approximately five-minute-long clip of the performance of an opera singer copied from a movie. It was sued for copyright infringement. The court held “that despite the fact that the Foundation’s use was limited and had an educational and non-commercial purpose, the use of the performance footage from Carnegie Hall in CAS programming is likely to adversely impact the value and market for the licensing of these performance clips. On balance, and in the absence of disputed issues of material fact, we conclude that the copying of the Pons clip is not protected by the doctrine of fair use.” Video-Cinema Films v. Lloyd E. Rigler-Lawrence L. Deutsch Found., No. 04 Civ. 5332 (NRB) (S.D.N.Y. Nov. 2, 2005).