Does copyright claim affect monetization on Facebook?

Copyright infringement is a complex issue, especially when it comes to social media platforms like Facebook. While copyright holders have the right to protect their intellectual property, overly aggressive copyright claims can negatively impact content creators who rely on platforms like Facebook for monetization. In this article, we’ll break down how copyright claims work on Facebook, how they can affect monetization, and what creators can do to minimize disruptions to their business.

How Copyright Claims Work on Facebook

Facebook has a copyright reporting tool that allows rights holders to submit notices of alleged infringement. These notices go to Facebook’s Intellectual Property Operations team, who review the claim and decide whether or not to take action. Actions can include:

Removing the reported content

Restricting access in certain countries
Demonetizing the content by removing ads
Issuing a copyright strike against the account holder

If you receive a copyright notice from Facebook, you will have the opportunity to file a counter-notice defending your use of the content. Facebook will replace the content after 10-14 days unless the rights holder pursues a legal claim against you.

How Copyright Claims Affect Monetization

Facebook allows creators to earn money from their videos in several ways, including:

In-stream ads – video ads play before, during, or after your videos

Facebook Reels ads
Stars – users pay to send virtual gifts during Facebook Live videos
Subscriptions

Facebook paid online events

If your content gets a valid copyright claim, it can negatively impact your ability to monetize in several ways:

Facebook will demonetize the content by removing ads. You will no longer earn revenue from in-stream or Reels ads.

Facebook may issue a strike against your account. Multiple strikes can lead to losing access to monetization tools.
Some copyright claims may result in Facebook restricting access to your entire page or profile. This demonetizes all your content.

Unresolved copyright claims can also prevent you from being approved for subscriptions and Facebook paid online events. So even your unaffected content can lose monetization streams.

Strategies to Minimize Disruptions

Here are some tips creators can use to help minimize copyright-related monetization issues:

Understand fair use – Some types of content like parody or commentary may be protected under fair use. Educate yourself on what is and isn’t allowed.
Dispute invalid claims – File counter-notices if you believe the copyright claims are meritless or excessive. Facebook will restore wrongly targeted content.

Remove claimed content – Consider voluntarily removing content if you get a valid copyright notice to avoid strikes.
Diversify monetization – Don’t rely solely on Facebook. Have income streams on other platforms like YouTube, affiliate links, etc.
Build good relationships – Reach out to copyright holders to make licensing or revenue sharing arrangements if you repeatedly use their IP.

No system is perfect, and even followers of copyright law can get caught up in overzealous takedowns. But understanding how claims work and taking proactive steps can help creators focus on what matters – producing great content for their audience.

Facebook’s Copyright Claim Process

When a copyright owner submits an infringement notice to Facebook, here are the steps involved:

Rights holder finds allegedly infringing content on Facebook and files a notice through the reporting tool.

Facebook reviews the notice and determines if it meets all legal requirements for a valid claim.
If valid, Facebook takes down the reported content to comply with the law.
The user accused of infringement receives a notification explaining why the content was removed.

The user has the option to file a counter-notice arguing lawful use of the content.
If a counter-notice is submitted, Facebook conducts an additional review of both sides.
Unless the rights holder provides evidence of legal action, Facebook will restore the content within 10-14 days.

Some key points about Facebook’s process:

Facebook itself does not monitor for infringement proactively – all claims come from rights holders.
Notices must include specific legal information to be valid under the DMCA.

Counter-notices also require certain information and consent to legal jurisdiction.
The entire process happens without involvement of courts or lawyers unless a lawsuit is filed.

Understanding these policies allows creators to effectively respond to and dispute invalid copyright claims.

Fair Use and Copyright on Facebook

Fair use is a legal doctrine that allows unlicensed use of copyrighted material under certain conditions. On Facebook, fair use most often applies to:

Parody – Humorous imitation intended for commentary or critique.
Editorial/commentary – Using a work to provide opinions, analysis or other commentary.

Education – Teaching or scholarship that quotes copyrighted sources.
News reporting – Using excerpts from copyrighted works as part of news coverage.

Factors considered in determining fair use include:

Purpose and character of the use
Nature of the copyrighted material
Amount used relative to the full work

Effect on the copyright holder’s market

Facebook’s fair use policy states they will not remove content that qualifies as fair use. However, rights holders frequently overlook fair use in takedown notices. Creators should be prepared to explain how their content meets fair use standards in counter-notices.

Avoiding Copyright Problems on Facebook

Here are some proactive steps creators can take to minimize copyright issues:

Use only original content you created or have explicit rights to use.
For covers or remixes, obtain mechanical licensing through services like Loudr or Songfile.
Credit any third-party content with proper attribution.

If you critique others’ content, keep usage brief and add commentary.
When uncertain, reach out to copyright holders for permission or guidance.
Maintain records proving rights to use any licensed or public domain works.

Purchase affordable insurance to cover licensing mistakes or legal fees.

With preparation and common sense, most creators can utilize Facebook’s platforms without significant copyright troubles. But knowing your rights and options if claims arise is also crucial.

Copyright Strikes and Account Standing

Facebook uses a system of copyright strikes similar to YouTube. Strikes are applied as follows:

First valid claim – No strike, but content is blocked.
Second valid claim – One strike issued with no account penalties.
Third valid claim – Second strike and loss of account monetization for 3 months.

Fourth valid claim – Third strike results in permanent removal of Pages and ad accounts.

Strikes expire after 12 months. However, the following copyright violations result in immediate account termination:

Posting pre-release or leaked movies, TV, music or books.

Live streaming unauthorized sporting events.
Sharing an entire copy of copyrighted software or ebook.

Content removed due to false or mistaken claims does not count as a strike. Creators should be very careful once they receive a second strike, as one more will lead to total loss of their business presence on Facebook.

Appealing Copyright Strikes

If you receive a copyright strike on Facebook, here are your options to appeal:

File a counter-notice – Argue lawful use of the content under fair use, licensing, etc.
Request retraction – Contact the claimant directly to resolve the issue.

Wait for expiration – Strikes roll off accounts after 12 months.
File DMCA lawsuit – Sue for misrepresentation in the takedown notice.

Certain types of strikes, such as those for egregious piracy or repeat offenses, cannot be appealed. For others, counter-notices or retractions are the best options.

When submitting counter-notices, provide as much detail as possible on why the claim is invalid or excessive. Thorough, legally grounded counter-notices are more likely to succeed.

If communicating with the claimant fails, waiting out the 12-month period may be the only recourse. Limit posting of third-party content during this time to avoid further issues.

Licensing Content on Facebook

Licensing copyrighted material for your Facebook content can help avoid legal problems. Here are some licensing options:

Music licenses – Obtain mechanical licenses to legally cover songs. Services like Loudr handle the licensing process.
Stock media – Subscribe to stock photo/video sites like Shutterstock for legal media content.
Influencer partnerships – Collaborate with influencers who will cross-promote your page or content.

Content sharing – Seek permission from copyright holders to share their content for promotional purposes.
Royalty-free graphics – Use sites like Pixabay for graphics and vectors you can freely reuse.

Properly licensed third-party material will hold up if rightsholders file claims over it. Having clear licensing paperwork and attribution helps prove the content was used legally.

For music, only use licensed songs, not rips from Spotify or other unlicensed sources. Reach out to artists directly if possible, as many welcome promotion.

When partnering with influencers, have both parties sign releases granting permission to share and promote each other’s content.

Legal Remedies for Bad Faith Copyright Claims

In rare cases, copyright holders knowingly make false DMCA claims against creators. This violates Section 512(f) of the DMCA, which prohibits “misrepresentations” in takedown notices. Creators can take civil legal action seeking damages under 512(f). Remedies can include:

Compensatory damages – Repayment for actual financial losses due to the false claim.
Injunctive relief – Court order to replace removed content.
Attorney’s fees – Cost of hiring lawyers to bring the lawsuit.

These remedies are not easy to obtain. 512(f) has specific intent standards creators must prove in court. Some examples of provable bad faith:

Using DMCA purely to hurt a competitor.
Taking down content you clearly don’t own rights to.

Failing to even review content before filing notices.

Simple mistakes or negligence typically won’t meet the 512(f) threshold. But for truly malicious takedowns, seeking legal recourse sends a message to others not to abuse the DMCA system.

Conclusion

Copyright protection and fair monetization are challenging but vital issues for creators to understand. While overbearing rights holders can make mistakes, the law ultimately favors those who own content. Creators should focus their frustration at flawed processes into positive change, not unlawful “rebellion” against copyright itself.

Building original content and collaborative relationships are the soundest long-term strategies. But also knowing one’s rights, record-keeping, and measured advocacy helps during disputes. With care, creators can navigate rights issues and thrive on platforms like Facebook.