Social media has become an integral part of our lives. Platforms like Facebook allow us to instantly share photos and videos with friends, family, and even strangers around the world. However, when posting photos online, many users don’t consider the potential legal implications. For example, can someone sue you for using their Facebook photos without permission?
The short answer is yes, you can get sued for using someone else’s Facebook photos without their consent. However, the chances of someone actually taking legal action depend on several factors. In this article, we’ll examine Facebook’s terms of service, copyright law, and key court cases to better understand the risks and legal protections around using photos from Facebook without permission.
Facebook’s Terms of Service
When you sign up for a Facebook account, you agree to their Terms of Service and other policies. These terms place restrictions on how you can use content posted by other users.
Specifically, Facebook’s Terms of Service state:
You will not use our copyrights or trademarks (including Facebook, the Facebook and Messenger names, FB logos, the “f” logo, the “Like” button, etc.), or any confusingly similar marks, except as expressly permitted by our Brand Usage Guidelines or with our prior written permission.
This clause prohibits using Facebook’s brand assets without permission. However, it does not directly address reusing content posted by individual users.
Another section titled “Your Commitments” states:
You will not collect users’ content or information, or otherwise access Facebook, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our prior permission.
This places restrictions on large-scale automated collection of user content. But again, it does not clearly prohibit an individual from manually copying and reusing one or more photos posted by others.
So while Facebook’s terms discourage reusing others’ content without permission, they do not outright ban the practice. However, other laws like copyright still apply.
Copyright Law
Copyright law protects original works like photos, videos, songs, and written text from being used without the creator’s permission. This applies to content posted on Facebook too.
The general rule is that the person who took a photo owns the copyright by default. There are a few exceptions:
- Photos taken by an employee within the scope of employment belong to the employer.
- Photos commissioned as “work for hire” may belong to the hiring party.
- Photos published before 1923 are in the public domain.
But in most cases, the photographer holds the exclusive rights to:
- Reproduce the photo.
- Distribute copies of the photo.
- Display the photo publicly.
- Create derivative works based on the photo.
That means you need explicit permission from the photographer to reuse their photos. Exceptions called “fair use” allow limited reuse for purposes like news reporting, criticism, commentary, research, and education. But in general, reposting others’ Facebook photos without consent likely violates copyright law.
The penalties for copyright infringement include:
- Actual damages suffered by the photographer.
- The infringer’s profits earned from using the photo.
- Statutory damages up to $30,000 per infringed work.
- Attorney’s fees.
- Court injunctions banning continued use of the infringing content.
So while copyright infringement suits are not extremely common, the potential penalties are significant.
Key Court Cases
There have been a handful of lawsuits related to reusing photos from Facebook and other social networks without permission:
Leonard v. Stemtech International Inc.
In this case from 2013, a stem cell company took photos from Leonard’s Facebook page and used them in advertisements without his consent. Leonard sued for copyright infringement and won $675,000 in damages.
Loudoun County Sheriff’s Office v. Favazza
In 2015, Virginia woman Gina Favazza took a mugshot photo from the county sheriff’s Facebook page and used it on promotional flyers for her gun safety classes without permission. The sheriff’s office sued for copyright infringement and reached a settlement requiring Favazza to pay $15,000.
Sansotta v. Town of Nags Head
In another mugshot case from 2019, Frank Sansotta copied an arrest photo from the Town of Nags Head’s Facebook page and used it in YouTube videos criticizing the town. Although Sansotta claimed fair use, the court ruled it was not criticism but rather commercial exploitation. Sansotta had to pay $5,710 in damages.
Other Cases
There have been various other small claims lawsuits over reusing photos from Facebook and Instagram without permission, such as for commercial flyers, advertisements, websites, merchandise, and more. While the individual damages were mostly under $10,000, these cases help establish that there can be legal consequences for unauthorized use of photos from social media.
Fair Use Examples
Not all unauthorized uses of Facebook photos constitute infringement. Situations that may qualify as fair use include:
- Using a photo in a news report about the person depicted.
- Reposting a photo for purposes of political protest or commentary.
- Using thumbnail sizes of photos in an academic paper about social media habits.
- Memes that transform a photo’s meaning as parody or satire.
However, these fair use scenarios have limits too. The reuse should only copy a portion of the photo, not the entire original. And social media posts and memes mocking people’s appearance likely would not qualify as protected parody.
In general, taking someone’s photo from Facebook and reusing it unchanged and in its entirety—without adding new meaning or purpose—would not satisfy the requirements for fair use.
Best Practices
To avoid potential copyright disputes when using photos from Facebook:
- Only reuse your own original photos.
- Get explicit written permission from the photographer before using their photos.
- Crediting or tagging the photographer does not constitute legal permission.
- Alter the photos significantly through editing, captions, collages, etc. to strengthen a fair use argument.
- Use thumbnail sizes instead of full-resolution copies.
- Avoid using professional photographs found on Facebook; stock photo sites may be safer sources.
- Purchase inexpensive licenses for stock photos on sites like Shutterstock instead of assuming Facebook photos are free to use.
With proper licensing or fair use preparations, the risk of lawsuits can be minimized. But in general, avoid simply taking photos from an individual’s profile and repurposing them unchanged in a commercial context.
Special Case of Public Figures
There are limited exceptions to copyright protection when the copyrighted work features famous public figures. For example, a photo depicting a politician at a public event may warrant more leeway for reuse than a photo of a random private citizen.
However, even public figure exceptions have limits:
- The reproduction must be “incidental use” not commercially exploiting the person’s fame.
- Photos focused on the person’s family, home, or other non-public activities get normal copyright protection.
- Morphed, sexualized, or offensive treatment of public figure photos remains legally risky.
In general, it is still safer to err on the side of caution and secure permission, a license, or strong fair use foundations before reusing photos of public figures as well.
Using Profile Pictures
What about using someone’s Facebook profile picture in a social media post, article, advertisement, or other content?
Technically, a profile picture also has copyright protections. But from a practical standpoint, using someone’s small profile photo in a post that references them specifically may qualify as fair use, especially if the photo is not the main focus.
However, do not assume profile pictures are necessarily free to reuse in commercial applications like ads or merchandise. And avoid framing someone’s profile photo in a negative light without their permission.
Image Search Results
Copyright issues also extend to reuse of photos appearing in Facebook or Google image search results. Just because a photo of a person or subject appears in image search does not mean it is copyright-free. Assume such photos still require permission unless you have strong fair use arguments allowing reuse in context. Don’t blindly copy any photo found through Facebook or Google image search without assessing its copyright status.
Other Legal Issues
Beyond copyright, additional legal issues may occur if reusing Facebook photos portrays someone in a:
- False or misleading light (defamation).
- Highly offensive manner (intentional infliction of emotional distress).
- Way suggesting endorsement of a product or service (violation of publicity rights).
These issues are beyond the scope of copyright but provide other grounds people could potentially threaten legal action for inappropriate uses of photos copied from Facebook without consent. Tread carefully.
DMCA Takedown Notices
Facebook provides a process for requesting removal of content that infringes your copyrights under the Digital Millennium Copyright Act (DMCA). To issue a DMCA takedown, you file a request identifying the infringing content and providing your contact information.
If Facebook determines the content violates copyright after reviewing the takedown notice, they will remove or disable access to the infringing material. However, fraudulent or mistaken takedown requests can result in legal liability for the filer.
So before submitting a DMCA notice, carefully assess whether the use of your photo qualifies as fair use or only involves a minor portion not likely to threaten the photo’s market value. Otherwise, you may want to consult an attorney on the proper steps to protect your copyrights.
Table of Damages in Sample Copyright Cases
| Case | Damages |
|---|---|
| Leonard v. Stemtech | $675,000 |
| Loudoun County Sheriff v. Favazza | $15,000 |
| Sansotta v. Town of Nags Head | $5,710 |
Conclusion
While laws and interpretations continue evolving, unauthorized use of photos copied from Facebook often carries significant legal risks, especially for commercial purposes. Get permission or licensing when possible, or evaluate fair use thoroughly before reusing photos found on social media. Consider options like purchasing royalty-free stock images as safer alternatives. And consult an attorney if you receive cease-and-desist demands or want to issue DMCA takedowns.
With proper caution, referencing public photos in context may be acceptable under fair use. But in most cases, do not simply take Facebook photos and reuse them without the photographer’s explicit consent and rights to do so. Respect others’ intellectual property, and either stick to photos you or your organization have full rights to use, or secure proper licenses. With so many low-cost stock photo options now available, it rarely makes sense to take legal risks reusing photos from Facebook without permission.