With billions of users posting status updates, photos, videos, and more on Facebook every day, questions around the copyright of that user-generated content frequently come up. Who owns the rights to what users post on Facebook? Are Facebook posts protected by copyright? Can others reuse Facebook content freely or do they need permission? Let’s take a closer look at how copyright works with Facebook posts.
The short answer
In most cases, the person who created and posted the content on Facebook holds the copyright to that content and needs to grant permission for others to reuse it. There are some exceptions, like Facebook’s right to use the content based on their Terms of Service, but otherwise the general rule is that the user who posted it controls the rights.
Facebook’s Terms grant them certain rights
When you open a Facebook account and agree to their Terms of Service, you grant Facebook certain rights to the content you post. Specifically, section 2.3 of their Terms reads:
For content that is covered by intellectual property rights, like photos and videos (IP content), you specifically give us the following permission, subject to your privacy and application settings: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with Facebook (IP License).
So by agreeing to the Terms, you allow Facebook to use, distribute, modify, run, copy, publicly display, publicly perform, and translate any of your posts or other content. This allows them to display your content within the Facebook app, website, and related media.
But outside of how Facebook needs to use your content to provide their service, you still own and control the copyright to your posts.
The content creator holds the copyright
Under copyright law, the general rule is that the creator of original content is the copyright holder. On Facebook, unless the content is a collaboration with multiple contributors, the individual user who posted it is considered the sole copyright holder.
This applies to statuses, photos, videos, digital art, poems, comments, and anything else users post that they created themselves. Even if you share someone else’s post, you do not gain any copyright interest in what they created. The original poster retains full rights.
What rights does copyright provide?
Holding the copyright to a creative work provides several exclusive rights, including:
- The right to reproduce the work
- The right to create derivative works based on it
- The right to publicly display the work
- The right to publicly perform the work
- The right to distribute copies of the work
This bundle of rights gives the copyright holder control over how their work is used. Someone else cannot do things like:
- Repost your Facebook content without permission
- Sell t-shirts, mugs, or other products featuring your post
- Include your posts in a book or publication
- Alter your photos or videos and share the derivatives
Without the authorization of the copyright holder, these types of uses are infringements and violations of copyright law.
How long does copyright last?
Copyright terms can be complicated, but the standard length of copyright protection for most individual online content is the life of the creator plus 70 years. So if you post something on Facebook that you fully created, you own the copyright until 70 years after your death.
After that point, the work enters the public domain and can be freely used without requiring permission from anyone. But during the copyright term, proper authorization from the rights holder is needed.
What about collaboration and sharing?
Things get more complicated when content on Facebook involves collaboration between multiple people or when users share content posted by others.
If multiple people jointly create a Facebook post, such as coworkers collaborating on a status update, they each hold a copyright interest. Any one creator can grant reuse rights, but permission is ideal from all involved.
When you share someone else’s post using Facebook’s native sharing tools, you are just linking to the original content, not duplicating it. The original poster retains full copyright control. But if you copy content from someone else’s post and repost it yourself, you potentially implicate copyright law.
Fair use
In some limited cases, content from Facebook can be used without permission under fair use. Criticism, commentary, news reporting, teaching, and research may qualify as fair use depending on the context.
For example, quoting a small portion of a Facebook post in a news story about the user who posted it can potentially be considered fair use. But fair use is determined on a case-by-case basis, so you need to evaluate each specific situation carefully.
What are the risks?
Using Facebook content without proper permission opens you up to legal risks like:
- Copyright infringement takedown notices
- Cease and desist letters
- Potential fines and penalties
- Copyright litigation
Facebook itself employs technical measures to detect and address copyright violations on their platform. And copyright holders can directly pursue legal action against unauthorized use of their creative work.
Best practices
To avoid infringing on Facebook users’ copyrights, you should:
- Assume all Facebook content is copyrighted
- Ask for permission to use anything you did not create yourself
- Only use small portions of content for purposes like news reporting and criticism
- Review Facebook’s Terms of Service and community guidelines
- Follow proper attribution and citation practices
- Consider using content that users have explicitly licensed for reuse
With proper respect for Facebook users’ intellectual property rights, you can feel more confident about responsibly using Facebook content when appropriate.
Bottom line
Unless the content is in the public domain or you have explicit permission from the rights holder, unauthorized use of Facebook posts, photos, videos, and other content can lead to copyright problems. Always check for permission before reusing anything substantive from Facebook.
| Content Type | Copyright Holder |
|---|---|
| Status Updates | The user who posted the update |
| Photos | The user who posted the photo |
| Videos | The user who posted the video |
| Comments | The user who posted the comment |
| Digital Artwork | The user who posted the artwork |
This table summarizes who typically holds the copyright to different types of content posted on Facebook.
Frequently Asked Questions
Can I repost someone else’s Facebook content?
No, not without their permission. As the copyright holder, they control the rights to reproduce and distribute their content. Re-posting their material without authorization would infringe on their copyright.
What if I modify or remix Facebook content?
Again, not without permission. Creating derivatives of someone else’s content requires the approval of the copyright holder, even if you modify the original substantially.
Can I repurpose Facebook content for commercial use?
Commercial reposting, remixing, and repurposing of Facebook content is only allowed by the express permission of the copyright holder. Using someone’s post for commercial gain without authorization would be considered copyright infringement.
Could I face legal issues for using Facebook content without permission?
Yes, you could face legal consequences like DMCA takedown notices, account suspension, lawsuits, fines, and other penalties enforced by Facebook and civil authorities. Always obtain documented permission before using content substantively.
Example cases
News reporting
Quoting a short excerpt from a Facebook post in a news story, with proper citation, may qualify as fair use. But extensive verbatim reproduction would likely require permission.
Memes
Viral memes often use screenshots of Facebook posts without getting rights from the original poster. This is often considered copyright infringement, even if the meme’s creator modified the content substantively.
Research
Academic researchers sometimes analyze Facebook content to study trends and patterns. Citing short excerpts may be permissible under fair use, but always anonymize users and obscure anything identifiable.
Photography
Many professional photographers post their work on Facebook. Reusing these photos without permission violates their copyrights. Always check for licensing terms or contact the photographer for authorization first.
Conclusion
Facebook does not transfer users’ copyright interests when they post content. The original creator maintains full rights and must provide authorization for most uses beyond their own personal sharing. With proper citations and respect for intellectual property, you can responsibly reference Facebook content without infringing on users’ legal rights.