Can I copyright my Facebook content?

Facebook has become one of the most popular social media platforms, with over 2 billion active users worldwide. Many people use Facebook to share personal photos, videos, writings, and other creative content. A common question that arises is – can I copyright the content I post on Facebook?

The Short Answer

The short answer is yes, you can copyright your original creative content posted on Facebook. Copyright protection applies automatically to any original literary, artistic, musical, or other creative work fixed in a tangible medium of expression. Posting something on Facebook qualifies as a tangible medium.

Facebook’s Terms of Service

When you sign up for a Facebook account, you agree to Facebook’s Terms of Service. These terms state that you own the content you post on Facebook. Specifically, section 2.1 states:

You own the content you create and share on Facebook and the other Facebook Products you use, and nothing in these Terms takes away the rights you have to your own content. You are free to share your content with anyone else, wherever you want.

So Facebook’s terms make it clear that you retain copyright ownership over everything you post, including text, photos, videos, and more.

Copyright Requirements

To be protected by copyright, your Facebook posts must meet two basic requirements:

Original creation – You must have created the content yourself. You cannot copyright content created by someone else.

Fixed in a tangible form – Tangible means the work must be recorded or written down somehow. Posting on Facebook satisfies this.

Assuming your Facebook post contains original content fixed in a tangible form, you automatically hold the copyright from the moment of creation. You do not need to register the copyright or mark the posts with a copyright symbol.

What Copyright Protects

Reproduction – The right to reproduce or copy the work.
Distribution – The right to distribute copies of the work.
Public display – The right to show the work publicly.

Public performance – The right to perform the work publicly.
Derivative works – The right to create adaptations or other derivative works.

Violating any of these rights constitutes copyright infringement. So if someone copies and reposts one of your Facebook posts without permission, you can send them a takedown notice under the Digital Millennium Copyright Act (DMCA).

Copyright Limitations

Ideas cannot be copyrighted – Copyright only covers the specific expression of an idea, not the idea itself.
Names/titles cannot be copyrighted – You can copyright a work titled “My Life Story” but not the title itself.

Useful articles cannot be copyrighted – Purely factual information without creative originality is not protected.
Government works are not copyrightable – Materials created by the U.S. government cannot be copyrighted.

So understand that copyright has limits. Generic status updates, ideas, facts, and titles themselves are not covered by copyright.

How Long Does Copyright Last?

For works created on or after January 1, 1978, copyright lasts for the life of the author plus 70 years. For anonymous works, pseudonymous works, and works made for hire, copyright lasts 95 years from the date of publication or 120 years from the date of creation, whichever expires first.

So any original content you post on Facebook is protected by copyright for your lifetime plus 70 additional years. This is an exceptionally long term of protection compared to patents or trademarks.

Registering Your Copyright

Copyright exists automatically without any registration requirements. However, there are benefits to registering your copyright with the U.S. Copyright Office:

Registration establishes a public record of your copyright ownership.
You can file infringement lawsuits if your copyright is registered.
Registration allows you to claim statutory damages and attorney’s fees in lawsuits.

Registration occurs before infringement helps you prove validity of the copyright.

To register a copyright, you complete an application, pay a fee, and submit one or more copies of the work. The current fee is $45 to register one work online.

Using Copyrighted Material on Facebook

While you can copyright content you post on Facebook, be aware that reposting someone else’s copyrighted material is illegal. This includes music, videos, photos, quotes, and any other creative work by another person. Facebook’s terms prohibit unauthorized copying:

Ensure you have the right to share anything you publish on Facebook and the other Facebook Products. You should only publish content on Facebook and the other Facebook Products if you have the right to share it.

The safest approach is to only share content you created yourself. If you want to share something created by someone else, ensure it is in the public domain or you have permission from the copyright holder.

Fair Use on Facebook

Fair use is a legal doctrine that allows limited use of copyrighted material without permission from the copyright holder. To qualify as fair use, the use must be for purposes such as education, commentary, criticism, news reporting, or research. Four factors are analyzed to determine if use of copyrighted content is fair use:

Purpose and character of the use

Nature of the copyrighted material
Amount used
Effect on the market for the original work

In many cases, sharing brief news clips, limited quotes, or small low-resolution images on Facebook for comment or criticism may be deemed fair use. But extensive verbatim copying is unlikely to qualify as fair use.

Example Fair Use Cases

Quoting a single paragraph from a book in a Facebook review
Sharing a news headline and snippet for commentary

Posting a meme that transforms a copyrighted image
Including a short music clip in a video critiquing the artist

Example Copyright Infringement Cases

Uploading a full copy of a copyrighted book

Posting an entire music video or song
Sharing a premium news article in full
Reposting someone else’s photo without permission

Relying too heavily on fair use exceptions can be risky. When in doubt, it is best to simply avoid posting copyrighted material belonging to others without explicit permission.

Facebook Copyright Policies

Facebook complies with the Digital Millennium Copyright Act (DMCA) by providing a copyright reporting system. If you believe someone has shared your copyrighted material on Facebook illegally, you can submit a DMCA takedown notice.

Facebook details the takedown process in its Intellectual Property Policy section. When submitting a notice, you must identify the infringing content and provide contact information. Facebook will remove infringing content promptly in response to valid DMCA takedown requests.

Submitting a false DMCA notice can result in liability for damages under 17 U.S.C. § 512(f). So only submit takedown requests if you have a good faith belief the content is infringing on a copyright you legitimately own.

Strategies for Protecting Facebook Content

Here are some tips for leveraging copyright law to protect your original content on Facebook:

Place visible copyright notices on content when feasible.
Use Facebook’s tools to monitor and limit sharing of sensitive posts.
Always report infringing use of your posts through proper DMCA notices.

Consider going viral intentionally to make plagiarism more detectable.
Watermark images to discourage unauthorized use by others.

Actively protecting your intellectual property reminds others to respect your legal rights. But also be careful not to infringe on anyone else’s copyrights when posting on Facebook.

Obtaining Permission

If you want to use someone else’s copyrighted content beyond fair use limits, seek permission from the copyright holder. Many creators have processes in place to request licenses for republishing their works.

You can contact the original creator directly or reach out to their publisher. Be specific about what you want to use, how you plan to use it, and for what purpose. There may be a fee involved depending on the circumstances. Licenses are often granted in writing to document the terms of use.

Public Domain Material

Any works in the public domain can be used without permission. Public domain material includes:

Works for which copyright has expired
U.S. government works
Facts and data

Works released under Creative Commons 0 license

Older classics like Shakespeare plays and Beethoven symphonies are in the public domain. You can share excerpts from these works freely without infringing copyright.

Creative Commons Licenses

Many creators release their works under Creative Commons (CC) licenses. This allows others to use their content without needing direct permission, within defined terms.

Common Creative Commons licenses include:

CC BY – Credit the creator
CC BY-SA – Credit and share adaptations under the same terms

CC BY-ND – Credit but no derivatives allowed
CC BY-NC – Credit and noncommercial use only
CC BY-NC-SA – Credit, noncommercial, and share adaptations

CC BY-NC-ND – Credit, noncommercial, no derivatives

Content marked with Creative Commons licenses can be reposted if you adhere to the license terms. Always check the license details before using Creative Commons material.

Consequences of Copyright Infringement

Uploading or sharing content without permission of the copyright holder can lead to serious legal consequences:

Takedown of infringing content
Loss of account privileges
Statutory damages up to $150,000 per work infringed

Lost profits and attorney’s fees
Potential criminal charges for willful infringement

Facebook has a policy of terminating repeat infringers. And in court, copyright damages can be significant, especially if willful infringement is proven.

Alternatives to Infringement

Instead of posting copyrighted material without permission, consider these alternatives:

Write your own related content from scratch
Link to the original source

Only post brief snippets for commentary
Parody the work by altering it humorously
Use public domain or Creative Commons works

Contact the owner for permission to share more extensively

With some creativity, you can share your thoughts without infringing. Post responsibly and encourage others to do the same.

Conclusion

Copyright law automatically protects your original content posted on Facebook. You retain full ownership and control over this content per Facebook’s Terms of Service. However, be cautious about sharing material owned by others without permission, as this constitutes copyright infringement.

Strategically leverage copyright law to your benefit on Facebook, while respecting the rights of others. Seek licensing or permission when appropriate. With proper attribution and respect for intellectual property, social media can empower content creators and enrich public discourse.