Many people share videos on Facebook every day. These can include funny home videos, how-to tutorials, vlogs, skits, music videos, and more. Since you created these videos, you may be wondering if you can copyright them to protect them from being used or shared without your permission. The short answer is yes, you can copyright videos you post on Facebook. However, there are some important details to understand.
What copyright protects
Copyright is a form of intellectual property protection that gives the creator of an original work exclusive rights to that work for a limited period of time. This includes the right to:
– Reproduce the work
– Distribute copies of the work
– Display or perform the work publicly
– Make derivative works
Works that can be copyrighted include literary works, musical compositions, choreography, videos, paintings, photos, sound recordings, and more.
Requirements for copyright
For a work to be protected by copyright in the United States, it must meet two basic requirements:
1. It must be an original creation – this means it was independently created and displays a minimal level of creativity. The work does not have to be entirely unique, but it cannot be copied from elsewhere.
2. The work must be fixed in a tangible form – for example, written down, recorded, or saved as a digital file.
Videos clearly meet these requirements. Shooting original footage and editing it into a video is an original, creative endeavor. And videos are always fixed in a tangible format by nature of being a recording.
This means any original videos you create and post on Facebook are automatically protected by copyright from the moment of creation. You do not have to register a copyright or mark the videos with a copyright notification, though doing so provides additional benefits.
Copyright for videos posted on Facebook
Uploading a video to Facebook does not change its copyright protection. Here are some key points about copyright for Facebook videos:
– You retain full copyright ownership over videos you post on Facebook. Facebook is simply hosting the content.
– By default, Facebook only receives a non-exclusive license to display your videos on their platform. This is outlined in Facebook’s Terms of Service.
– You have the right to download videos you upload to Facebook and post them elsewhere. The copyright protection remains in place.
– Facebook provides tools for reporting copyright infringement if your videos are re-shared without permission.
– The same copyright rules apply both to private videos visible only to your friends and public videos viewable by anyone. Both are protected.
So in summary, yes you maintain full copyright over videos posted to Facebook and can take legal action if someone infringes on your copyright.
Registering copyright for Facebook videos
While your videos are automatically copyrighted, you can choose to register the copyright through the U.S. Copyright Office. This provides additional benefits:
– You can sue for statutory damages and attorney’s fees in a copyright infringement lawsuit. Without registration, you are only eligible for actual damages.
– Registration establishes prima facie evidence of the validity of your copyright. This makes your copyright easier to enforce.
– You must register a copyright before suing for infringement.
– Registration creates a public record of your copyright claim.
You can submit an online application to register the copyright for videos posted on Facebook. The current fee is $45 per work. Note that you can register a group of videos together as a collective work for a single fee.
Using other content in your Facebook videos
While you hold copyright on videos you create and post, your rights are limited if your videos include content belonging to others. Some key considerations:
– You should not use significant portions of copyrighted material (music, video clips, images etc) without permission from the copyright holder. This is considered fair use.
– Short snippets may qualify as fair use – but longer portions require licensing or permission.
– Be careful using popular songs in the background of your videos. Most hit songs are very restrictive on licensing for use in videos.
– Showing trademarks like logos or products requires permission in most cases.
– YouTube provides licensing agreements with record labels and publishers for use in videos monetized on their platform. But these licenses do not necessarily extend to Facebook.
– Facebook has automatic detection tools that can identify copyrighted music in videos. This may lead to your video being removed if you do not have licensing rights.
In general, avoid unauthorized use of other people’s content in videos you post publicly on Facebook whenever possible. Stick to material you have created or properly licensed.
Who can view my copyrighted Facebook videos?
When you share videos on Facebook, you control the privacy settings for who can view them:
| Privacy Setting | Who Can View |
| Public | Anyone on or off Facebook |
| Friends | Your friends only |
| Friends except… | Your friends except specific people or lists you exclude |
| Specific friends | Only friends you designate |
| Only me | Just you (kept private) |
Copyright applies regardless of your privacy settings – both private and public videos are protected. However, obviously videos shared publicly have greater potential for misuse.
Facebook rights to your videos
In Facebook’s Terms of Service, they do outline certain rights they obtain related to user-generated content:
– Permission to host your videos and make copies on their servers in order to display them in your profile or feed.
– A license to use your videos for commercial purposes – like advertising or sponsored content. However, Facebook claims they will not use individual user videos for advertising without additional permission.
– Allowing other users to view and share your videos per the platform’s functionality and your privacy settings.
– Removing or disabling access to content that violates their policies, applicable law, or third party rights.
However, these terms do not supersede your fundamental copyright – you remain the owner. You can request videos be taken down or reporting infringing use. And you can download and re-post your videos elsewhere.
Special rules for Facebook Live videos
Facebook Live allows you to stream live video that viewers can watch in real-time. These videos can then be saved to be viewed later. Your copyright works the same way as other Facebook videos:
– Live streams are protected under copyright as they are happening. The video is fixed in a tangible form as it is streaming.
– Viewers may share brief clips or screenshots under fair use during a live broadcast. But longer re-shares require permission.
– If you leave a Live broadcast public for replay, all previous copyright protections remain in effect. People can only reuse per fair use.
– You will receive a video file of the Live broadcast to download, which you can then re-post wherever you choose while retaining full copyright ownership.
So remember the copyright on your Facebook Live streams functions just like a normal video you post – you control the rights.
What happens if your copyright is infringed?
If someone reuses your Facebook videos without your authorization, you have options:
– File a takedown request through Facebook’s reporting tools. If it qualifies as copyright infringement under their policies, Facebook will remove the content.
– Send a DMCA takedown notice to the website or service hosting your infringed content. Most sites legally have to comply with removal notices.
– Dispute the video through YouTube’s copyright complaint process if it was re-uploaded there without consent. YouTube may remove the video and even penalize the infringing account.
– File a lawsuit against the infringing party for copyright violation. With a registered copyright, you may be eligible for statutory damages and attorney’s fees.
– Submit a complaint to the infringer’s web host, which can lead to the infringing content being removed.
– Issue a cease and desist letter to the infringer demanding the unauthorized use stop. While not legally binding, this can deter infringement.
– Publicly call out infringers online and appeal to the public to put pressure on them to cease the copyright misuse.
Pursuing one or more of these remedies can help get infringing uses of your Facebook videos pulled down and deter future misuse of your copyrighted content.
Avoiding infringement yourself
When using Facebook to distribute original videos you created, be thoughtful to avoid infringing on rights of others:
– Do not incorporate significant portions of copyrighted material like songs, clips, or images without permission or a license. Stick to material you have rights to use.
– Attribute and cite appropriately if you include brief public domain or Creative Commons-licensed content.
– If using trademarked brands or logos, seek permission when possible to avoid trademark disputes.
– Add a copyright notification to the video description indicating your ownership. For example, “Copyright 2023 John Doe. All rights reserved.”
– Alter or remix existing content sufficiently to create a new original work eligible for fair use. This requires substantial transformation.
– Disable options for users to download videos if you want to limit potential unauthorized reuse.
Taking these steps will help legitimize your own copyright and minimize disputes over ownership and usage rights.
Conclusion
Sharing self-made videos on Facebook is a great way to distribute original creative content while retaining full copyright protection. Your videos are automatically copyrighted, though you can register the copyright for additional legal benefits. Be sure to avoid infringing on other’s rights with your Facebook videos. And take appropriate action if your own videos are reused without authorization. With careful attention to copyrights, you can safely share your videos and creative expression on Facebook.