When posting photos on Facebook, many users may not realize that they are giving up certain rights to those images. While you maintain ownership of photos you post, by default, Facebook is granted broad permissions to distribute and use them. This raises questions around whether Facebook images can be considered public domain and used by others without permission.
What rights does Facebook have to your photos?
Facebook’s Terms of Service grant the company an expansive license to use content posted by users, including photos. Specifically, you give Facebook “a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with Facebook.” This allows Facebook to use your photos in a variety of ways, such as promoting the service and allowing access through APIs. It also provides the legal basis for various Facebook features involving images, like recognizing faces and describing photos to visually impaired users.
However, this license is not absolute. You still own and control your photos. Facebook cannot, for example, sell your photos to third parties without additional permissions. The license only covers uses that provide, promote, or improve Facebook products and services.
Can Facebook images be used without permission?
Despite Facebook’s broad license, your photos are not necessarily in the public domain just because they are posted on the platform. Public domain specifically refers to creative works for which copyright protections have expired or been forfeited. Your photos likely do not meet these criteria.
Copyright for a work initially lies with its creator. Even if you grant Facebook rights to use your photos in certain ways, that does not mean anyone else can freely use them without permission. Your photos are still protected by copyright laws applicable in your jurisdiction. You would need to take explicit steps, such as using a Creative Commons license, to intentionally place them in the public domain.
When can Facebook images be used without permission?
While your photos are not public domain simply by virtue of being posted to Facebook, there are some specific situations in which they could potentially be used without your permission:
Fair Use
Fair use is an exception in copyright law that allows limited use of copyrighted works without permission in certain cases, such as commentary, criticism, reporting, and research. For example, a news outlet may have the right to incorporate your Facebook photos in a story under fair use provisions. However, fair use is determined on a case-by-case basis, considering factors like the nature of the use, amount used, and commercial implications. There are no steadfast rules on what constitutes fair use of Facebook images.
Public Figures
Photos of public figures, like celebrities and politicians, often have less stringent copyright protections. If you are deemed a public figure, images posted publicly on Facebook may sometimes be used in contexts like news reporting without permission. However, there are still limitations, such as prohibitions on uses that falsely imply endorsement. Private citizens generally have greater protections against unauthorized use.
Facebook Features
As mentioned, Facebook’s terms grant the platform license to use your photos for various features. For example, Facebook may show other users thumbnail versions of your photos in places like News Feed without needing additional permission. However, this is limited to internal Facebook uses laid out in the terms. It does not extend rights for broader third party usage.
Shared Albums
If you post photos to a shared album on Facebook, anyone in that group can view and potentially download those images. While group members still need permission for further redistribution, sharing to a group does make photos more accessible. If you are not comfortable with certain individuals or groups using your photos, do not add them to shared albums.
Securing permission to use Facebook photos
Outside of specific exceptions like fair use, you typically need explicit permission from the copyright holder to use photos posted on Facebook. There are a few ways you can go about securing such permission:
Contact the photographer directly
The most straightforward approach is to contact the individual who captured the photo and request permission to use their image. Be specific about how you intend to use it. Most photographers will request photo credits, but usage terms can vary. If you plan substantial distribution, expect to negotiate some form of compensation.
Seek licensing through Facebook
Facebook launched a Rights Manager in 2016 that lets rightsholders upload and provide licenses for images directly through the platform. You may be able to license a Facebook image for usage this way. However, not all photographers use this tool. It is not a substitute for contacting them directly.
Comply with Creative Commons
Some Facebook users apply Creative Commons licenses to their photos using built-in tools. These standard licenses provide defined terms for using images without direct permission. For example, a CC BY license requires attribution. Make sure to comply with license terms.
Obtain releases for identifiable people
Even if you secure rights to use a photo itself, further permissions may be needed for identifiable people in the image. Model releases grant rights to use someone’s likeness commercially. Facebook photos frequently include identifiable people for whom releases have not been obtained. Restrictions may apply on using such images for promotional purposes without their consent.
Best practices for using Facebook images
When using photos obtained from Facebook, keep in mind the following best practices:
Confirm licensing terms
Do your due diligence to verify that the image is either in the public domain or that you have secured adequate licensing rights. Never assume that a Facebook photo is free to use without checking with the owner.
Attribute and credit properly
Always attribute copyrighted Facebook images to the photographer/owner and comply with any requested credits. Give image titles, usernames, and links back to the source if possible.
Respect image quality
Avoid excessive manipulation or editing that could degrade image quality. Do not alter or overlay photos without permission. Modifications should be limited to optimizing for technical needs.
Limit distribution scope
When possible, opt for limited rather than broad distribution. Restrict access through logins or paywalls rather than making images openly available. Take down images promptly after use ceases to be necessary.
Use watermarks responsibly
Watermarking helps protect against unauthorized downstream usage. However, avoid excessive watermarking that severely degrades image quality or value. Never watermark photos you do not own or have permission to use.
Examples of Facebook image usage
Here are some examples illustrating how Facebook photos might be used properly and improperly:
Proper Usage
| Use Case | Description |
|---|---|
| News reporting | A news outlet embeds a few relevant Facebook photos in an investigative story under fair use provisions. |
| Research paper | A scientist includes some Facebook images in a publication analyzing social media image trends, with proper attribution. |
| Promotional campaign | A company negotiates usage rights and secures model releases for Facebook images used in an ad campaign. |
Improper Usage
| Use Case | Description |
|---|---|
| Stock photos | A marketing firm downloads Facebook photos to use as cheap stock image alternatives without permission. |
| Merchandise | An online retailer produces mugs and t-shirts incorporating unlicensed Facebook images. |
| Targeted ads | An advertiser uses the photo of a specific Facebook user to display targeted ads to their friends without consent. |
Conclusion
In most cases, you need permission from the copyright holder to use photos posted on Facebook. Facebook’s platform license does not automatically make images public domain or confer usage rights to third parties. However, there are certain situations where photos may be used under fair use, for reporting on public figures, or via Creative Commons licenses. When using Facebook photos, follow best practices around attribution, quality preservation and distribution control. With proper licensing and releases, Facebook can provide useful image content. But care should be taken to avoid copyright infringement through unauthorized usage.