Facebook is one of the most popular social media platforms, with billions of users sharing content daily. While it provides a great way to stay connected and share your life, many users are uncertain about copyright rules and if they can get in trouble for posting certain content. So can you actually get in trouble for copyright infringement on Facebook? Let’s take a closer look.
What is Copyright?
Copyright is a legal right that grants the creator of an original work exclusive rights to determine how it is used, distributed, modified, reproduced, and displayed. It covers both published and unpublished works in many forms including books, songs, films, paintings, photographs, and digital content.
Copyright exists automatically in most countries as soon as a work is created, so you don’t need to register or apply for it. The owner of the copyright can then give permission or license others to reproduce or share their work under certain conditions.
How Copyright Applies to Content on Facebook
When you post something you created on Facebook, you automatically hold the copyright to that content. This includes your status updates, photos, videos, digital art, writings, etc. You have the right to control how that original content is used.
However, if you post content created by someone else, you need their permission. This includes sharing music, movie clips, TV show clips, articles, images, memes, and any other copyrighted materials owned by others. Even if you don’t realize it’s copyrighted, it doesn’t mean you have the right to post it.
What Happens If You Post Copyrighted Material on Facebook
Technically, posting copyrighted content belonging to others without permission is copyright infringement. This applies even if it’s just for your own personal Facebook account and you’re not selling the content. The copyright owner could take legal action against you.
However, in most casual sharing cases, the copyright holder likely won’t come after individuals. It costs time and money to pursue legal action, and it’s just not worth it to go after someone for a minor offense. But repeated or egregious offenses could potentially prompt legal action.
Possible Consequences Include:
- Having the content removed from Facebook
- Suspension or termination of your Facebook account
- A DMCA takedown notice requiring removal of the content
- Financial penalties if significant damages can be proven
- Lawsuits for substantial statutory damages or lost profits
It’s also important to note that under the Digital Millennium Copyright Act, Facebook isn’t liable for copyright infringement posted by users, as long as they respond properly to DMCA takedown notices and remove infringing content. The person who posted it takes on the liability.
How to Legally Use Copyrighted Material on Facebook
There are a few ways you can legally use copyrighted materials on Facebook:
- Obtain permission or a license – You can reach out to the copyright holder directly to ask for permission or negotiate a license allowing you to use their work. This is the safest approach.
- Provide attribution – Credit the original creator and source. This doesn’t supersede the need for permission but is a best practice when reposting content.
- Link to the original source – Share a link back to the original content rather than reposting directly.
- Use small portions under fair use – Quoting or excerpting modest amounts of content for commentary may be considered fair use and exempt from copyright rules in some cases.
- Stick to material released under Creative Commons licenses – These licenses let creators waive certain copyright restrictions.
Best Practices for Avoiding Copyright Issues on Facebook
To ensure you don’t run into problems, keep these copyright tips in mind:
- Only post content you created or have explicit permission to share.
- Read the entire terms of any Creative Commons license before using CC-licensed material.
- Credit the original creator and provide links back if you do share their content.
- If asked by a copyright holder to take down infringing content, remove it immediately.
- Don’t rely on fair use exemptions, as rules are fuzzy. When in doubt, ask!
- Stay away from sharing full movies, songs, books, artworks or other substantial portions of copyrighted works.
- Consult an intellectual property lawyer if you have questions or are dealing with a copyright dispute.
Special Case – Sharing News Articles on Facebook
News publishers often assert copyright over the articles they produce. Technically reposting full news stories without permission could be considered copyright infringement.
However, Facebook introduced a new link preview feature in 2020 based on agreements with many major publishers. When you share a news link, it automatically scrapes a preview image and text snippet without needing explicit permission in many cases. This makes it easier to legally share news on Facebook.
But the agreement doesn’t cover uploading full text articles, substantial excerpts, or altering article content. Those actions would still risk copyright violations without permission from the publisher.
How Facebook Handles Copyright Complaints
Facebook provides a copyright complaint form where rights holders can report infringing content for removal. The form requires providing details on the infringing content, proof of copyright ownership, and a signature agreeing to terms.
Once submitted, Facebook disables access to the reported content pending review. They determine if the request satisfies requirements and if action is needed. If so, the infringing content is removed and the submitter notified.
If any part of the complaint is incomplete or invalid, Facebook may reject it without removal. But rights holders can resubmit revised requests to trigger review again.
Submitting a false or abusive copyright report can result in termination of your Facebook account. So complaints should only be filed in good faith if infringement appears evident.
Appealing Rejected Copyright Claims
If Facebook rejects your copyright complaint, you can file an appeal within 10 days of rejection. It will prompt another review by the Facebook team. Provide any clarifying details on why your claim should be reconsidered and enforced.
However, Facebook’s decision on any final appeal is considered final. If your case for removal is still seen as invalid, their decision stands and you can’t continue appealing.
Reporting Copyright Violations by Others
In addition to rights holders reporting infringement of their own content, Facebook allows anyone to submit complaints about copyright violations they see happening. These reports will be reviewed and infringing content taken down if deemed valid, similar to rights holder requests.
This provides a way for concerned users to flag unauthorized sharing of copyrighted works. Just be sure to submit carefully documented complaints that demonstrate clear infringement per Facebook’s policies.
Using Copyrighted Content in Ads
Stricter policies govern use of copyrighted content in Facebook ads, compared to general posts. Advertisers can be held liable for infringing materials in their ads even if done inadvertently.
To avoid issues, thoroughly vet any content for ads to confirm you have permission or rights to use it. Restrictions can also apply to tracing or imitating protected trademarks in ad images or text.
Facebook ad policies note they have the right to reject or remove any ads potentially violating copyrights or trademarks. So marketers need to take extra precautions when incorporating third-party content in Facebook ads.
Summary – Key Takeaways
- You need permission to post full copyrighted content owned by others on Facebook.
- Minor, incidental sharing will often go unnoticed, but repeated abuse risks consequences.
- Obtain licenses, give attribution, link back, or utilize fair use exemptions to share copyrighted content lawfully.
- Facebook provides an official process for reporting and removing infringing content.
- Rights holders and general users can both submit copyright complaints to Facebook if warranted.
- Marketers must be especially cautious about rights when incorporating content in Facebook ads.
The Bottom Line
You can definitely get in trouble for copyright infringement on Facebook if you share substantial portions of copyrighted material without permission. While casual sharing is often overlooked, repeated or blatant offenses could prompt legal action.
When in doubt, get permission directly from the rights holder, provide credit/links, use only small portions, or stick to content under Creative Commons licenses. Following proper protocols will keep your Facebook activity legal and avoid copyright problems.