Facebook has become one of the most popular ways for people to share photos online. With over 2 billion monthly active users, it’s easy to upload and post pictures from your camera roll. But there are important copyright laws and Facebook rules you need to consider before posting images you don’t own.
The short answer
Generally, it is against Facebook rules to post copyrighted images unless you have permission from the copyright holder. Posting copyrighted images that you don’t have rights to could result in your Facebook account being disabled.
Copyright law overview
Copyright is a legal right that protects original works including photos, videos, music, books, paintings, and other creative content. The creator of original content automatically owns the copyright to their work as soon as it is fixed in a tangible medium like a digital photo or physical painting.
Owning the copyright gives the creator exclusive rights to reproduce, distribute, publicly display, and create derivative works based on their original content. This means that as the copyright owner, they control who can use their creative work.
Posting a photo you took yourself does not generally raise copyright issues. However, posting a photo taken by someone else without permission likely violates their copyright.
Fair use doctrine
There is an important exception to copyright law called fair use. Under the fair use doctrine, you can use a copyrighted work without the owner’s permission under certain conditions for purposes like criticism, commentary, news reporting, teaching, scholarship or research. Fair use is assessed case-by-case based on four factors:
- The purpose and character of your use
- The nature of the copyrighted work
- The amount and substantiality of the portion used
- The effect of the use upon the potential market
Commenting on a news story and including a relevant copyrighted image would likely qualify as fair use. Simply sharing a cool copyrighted photo you like would likely not qualify as fair use.
Facebook’s terms and policies
In addition to copyright law, Facebook also prohibits unauthorized posting of copyrighted content in its Terms of Service and Community Standards.
Here are some key sections from Facebook’s terms:
- “You will not post unauthorized commercial communications (such as spam) on or through our Products.”
- “You will not use our Products to do anything unlawful, misleading, malicious, or discriminatory.”
- “You will not post content that: is unlawful, misleading, discriminatory or fraudulent.”
And from their Community Standards:
- “To encourage respectful behavior, we remove content that targets private individuals that contains credible threats or harassment.”
- “To minimize the risks to personal safety and property, we prohibit content that facilitates or coordinates criminal activity.”
These terms give Facebook wide discretion to remove any unauthorized or inappropriate content, including re-shared copyrighted images.
What happens if you post a copyrighted image?
If you post a copyrighted image without permission, a few things could happen:
- The copyright holder could send you a cease and desist letter demanding you remove the content.
- The copyright holder could file a DMCA takedown notice with Facebook leading to removal of the post.
- Facebook could disable your account for repeat copyright violations.
- In extreme cases, you could be sued for copyright infringement and face civil penalties.
Facebook details their process for responding to reports of copyright infringement in their Help Center. They say if you repeatedly infringe others’ intellectual property rights, Facebook will disable your account.
Fair use exceptions
If your use of a copyrighted image falls under fair use, you may be able to successfully argue against removal of the post. However, you would need to make a fair use case demonstrating your purpose transforms the work and does not supersede the copyright holder’s market for the work.
Penalties
If sued, copyright infringement penalties range from $200 to $150,000 per image for non-willful infringement. Willful infringement can raise penalties to $100,000 to $500,000 per image. Courts also have discretion to award damages based on actual losses from the infringement.
Best practices for sharing images
To avoid copyright issues when posting images on Facebook, follow these best practices:
- Only post photos you took yourself or have explicit permission to share from the copyright holder.
- If you want to share an image you find online, link to it or embed it from the original published source when possible.
- Attribute the creator and original source for any image you share that you didn’t create.
- Double check your rights to use an image if it is branded or trademarked.
- Educate yourself on what constitutes fair use and the limits of fair use rights.
- Remove content if you receive a legitimate copyright takedown notice.
Also, if you see one of your copyrighted images re-posted without permission, you can report it to Facebook using their reporting tools.
Examples of copyright-safe images to post
To be 100% free of copyright risk, stick to sharing images you took yourself or are sure you have rights to use. Here are some examples of safe, copyright-free images you can feel good about posting:
- Photos you took yourself
- Selfies or personal photos with friends and family
- Photos friends share and tag you in
- Photos from your business or brand’s photoshoots
- Photos explicitly tagged for reuse with Creative Commons licenses
- Public domain images from government agencies and libraries
- Stock photos and graphics purchased with a paid license
When posting copyrighted images may be ok
There are some cases where you may be able to argue fair use for posting copyrighted images on Facebook. For example:
- Using a copyrighted image in a parody or satire
- Including copyrighted images in commentary or critical reviews
- Incidental Capture of artwork in the background of your selfie or travel photos
- Photographs of public places or events
- Screenshots and clips for news reporting and educational purposes
However, whether such uses qualify as fair use depends on the context and purpose behind your posts. It is safest to get permission when possible or stick to non-copyrighted content.
Examples of prohibited uses of copyrighted images
Here are some examples of posting copyrighted images that would clearly violate Facebook’s rules:
- Uploading an image found through Google Image Search or Pinterest
- Using a screenshot from a movie or TV show
- Posting a meme created with someone else’s photo
- Sharing professional sports photos taken by team photographers
- Posting images from current ad campaigns or brand marketing
- Reposting another Facebook friend’s copyrighted images
Unless you have explicit permission, it’s best to avoid re-sharing other’s creative works and professional photography subject to copyright protections.
Conclusion
Posting copyrighted images without permission puts your Facebook account at risk for removal. Stick to sharing original photos you own the rights to, properly attributed public domain and Creative Commons-licensed images, or content you have explicit permission to use. Stay educated on copyright law and fair use principles to ensure your social sharing doesn’t cross legal boundaries.