When posting videos or music on Facebook, it’s important to be aware of copyright laws and Facebook’s policies around using copyrighted content. While Facebook’s terms don’t require you to explicitly state that you don’t own the rights to music you post, there are some best practices you should follow to avoid copyright infringement claims.
Do Facebook’s Terms Require a Copyright Disclaimer?
Facebook’s Terms of Service do not specifically require users to include a copyright disclaimer when posting videos or music they don’t own the rights to. However, the terms do state that users are responsible for the content they post and that content must not violate someone else’s rights.
Here are some key sections from Facebook’s Terms:
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 responsible for the content you create and share on our Products.
You will not post content that: infringes or violates someone else’s rights or otherwise violates the law.
So while an explicit copyright disclaimer is not required, users are expected to follow copyright law and properly credit any content they share that they did not create themselves.
Why You Should Still Give Credit
Even though Facebook doesn’t require it, there are some good reasons why you should still give credit when posting content you don’t own on Facebook:
- It’s the ethical thing to do – giving credit to the creators and rights holders shows respect for their work.
- It helps avoid copyright claims – properly crediting the sources of content makes it clear you’re not trying to pass it off as your own.
- It protects you legally – showing you’re making a good faith effort to credit rights holders strengthens your defense if a claim is made.
- Facebook may remove uncredited content – Facebook scans uploads and may remove content that appears to infringe copyrights.
- You set a good example for others – Setting the expectation that credit should be given encourages ethical behavior community-wide.
So while it’s not absolutely required by Facebook, giving proper attribution is highly recommended.
How to Give Credit on Facebook
When you don’t hold the rights to content you’re posting on Facebook, here are some ways you can give proper credit:
- In the description of the post, note the creator/performer and where you sourced the content from.
- If posting a video or music, add a watermark of the creator’s name.
- Use hashtags of the creator’s name or social media handle.
- Tag the creator’s official Facebook page or personal profile.
- Link to the creator’s official website or social media profiles.
- Include phrases like “Originally by [creator name]” or “Used with permission from [rights holder].”
Giving as much attribution as possible shows you’re intentionally acknowledging the content owner, rather than trying to pass it off as your own.
Examples of Proper Attribution
Here are some examples of how to properly attribute content when posting on Facebook:
Cover Song Video
Video description: “My cover of ‘Imagine’ by John Lennon. Original song appears courtesy of Apple Records.”
Hashtags: #johnlennon #imagine #cover #applecords
Concert Photo
Photo description: “Amazing shot from @coldplay’s recent show in LA. Photo credit: @jonesphotoco.”
Tag coldplay’s official Facebook page.
Movie Clip
Video description: “Epic scene from The Avengers (2012) dir. Joss Whedon, via Marvel Studios. Clip used for entertainment purposes only.”
Hashtags: #theavengers #marvel
Watermark on video: Credit Marvel Studios
Meme Image
Image description: “Hilarious Success Kid meme originally by photographer Laney Griner in 2007.”
Hashtags: #successkid #laneygriner #meme
Watermark on image: Credit Laney Griner
What Happens if You Don’t Give Credit?
If you post copyrighted content without proper credit, here’s what could happen:
- The rights holder can send you a cease and desist letter asking you to take it down.
- The rights holder can file a DMCA takedown notice with Facebook to have the content removed.
- Facebook may remove the content if they detect possible infringement.
- For repeat or severe offenses, your Facebook account could be suspended or terminated.
- You could face legal action and be sued for copyright infringement.
Damages in a copyright infringement lawsuit can range from $200 to $150,000 for each work infringed. Willful or repeated infringements can result in much higher damages.
That’s why it’s always safest to properly credit any third party content you share on Facebook.
Fair Use Allowances
In some cases, you may be able to use copyrighted material without permission under fair use laws. Examples include:
- Parody – Using a work humorously or satirically.
- Commentary – Analyzing or critiquing the copyrighted work.
- Education – Using excerpts for educational purposes.
- Incidental use – Capturing a work incidentally, like in the background of a photo.
However, fair use can be complex to interpret. If relying on fair use, it’s best to consult an intellectual property lawyer. Don’t assume fair use automatically allows uncredited posting of full songs, videos, etc.
Special Rules for Cover Songs
If you perform and post a cover version of a song by another artist, special rules apply. In general, you need permission from the rights holder, but there are two exceptions:
- Covers only performed live – Live public performances of cover songs don’t require permission, only properly crediting the original artist.
- Compulsory license – Once a musical composition is distributed, US law allows others to do sound recording cover versions by obtaining a compulsory mechanical license and paying royalties. This permitssocial media posting of cover videos.
However, sync licenses are still needed for using cover songs in videos, ads, films, etc. And rights may vary outside the US. Consult an attorney about cover song rules.
Avoiding Account Suspension
To help avoid account suspension or termination on Facebook, be cautious about posting any content you didn’t create or get explicit permission to use. Follow these guidelines:
- Only upload original content you made yourself.
- Get written permission before posting any content belonging to others.
- Always credit the content creator/owner in your posts.
- Comply with any requests from rights holders to remove unauthorized content.
- Consult an attorney if you have any doubts about usage rights.
- File countersuit if you believe a takedown notice is improper or abusive.
Being attentive to third party rights helps build a strong defense against erroneous or excessive copyright claims.
Appealing Removed Content
If Facebook removes your post for a suspected rights violation, you have some options to request reinstatement:
- Edit the post to add more attribution/credit to the rights holder.
- File an appeal providing proof you had permission or legal rights to use the content.
- Argue the content qualifies as permitted fair use after consulting an attorney.
- For an erroneous takedown, have the rights holder retract their complaint.
However, keep in mind appeals don’t always work, especially if you clearly infringed copyright rules. Avoid risk by only posting lawful content.
Best Practices Summary
Here’s a quick summary of best practices for using third-party content on Facebook:
- Credit the creator – Always include attribution like “By [artist/photographer name]” even if not required.
- Link to original source – Provide the content owner’s official website or social media handle.
- Use watermarks – Watermark both video and images with the creator’s name.
- Comply with removal requests – Promptly remove content if asked by the rights holder.
- When in doubt, ask permission – Get written approval before posting any copyrighted content.
Following these proper attribution practices can help avoid copyright issues on Facebook.
Conclusion
While Facebook’s policies do not specifically require users to disclaim rights when posting content they don’t own, it’s always smart to provide attribution. Giving proper credit shows respect for creators, helps avoid legal issues, and sets a good ethical example on social media. Be sure to cite sources, include watermarks, link to originals, use hashtags, and comply with any takedown requests. Following best practices for copyright protection and fair use allows you to safely share and engage with content while being respectful of creator rights.