Facebook, as one of the largest social media platforms in the world, deals with copyright issues on a regular basis. With billions of users constantly uploading content, determining what is and is not an infringement of copyright law is an ongoing challenge. So does Facebook have policies and procedures in place to deal with copyright? The short answer is yes.
Facebook’s Copyright Policy
Facebook outlines their copyright policy in the Facebook Terms of Service and the Facebook Community Standards. Section 3 of the Terms of Service states:
You will not post content or take any action on Facebook that infringes or violates someone else’s rights or otherwise violates the law.
This covers copyright infringement and violations. The Community Standards further clarify Facebook’s policy on intellectual property, outlining what is not allowed on both Facebook and Instagram:
- Content that infringes upon or violates the rights of any third party, including copyright, trademark, privacy, publicity or other intellectual property rights.
- Stating or implying that you will use third-party content in a way that infringes or violates third-party rights.
Facebook also provides information on their Help Center pages on how to report potential copyright infringement and what happens when you share copyrighted material without permission. So in summary, Facebook absolutely prohibits copyright infringement on their platforms and has policies in place to enforce this.
How Facebook Handles Copyright Infringement
When copyright infringement is identified on Facebook, their general process is:
- The copyright holder submits a report of infringement to Facebook.
- Facebook reviews the report and disables access to the infringing content.
- The person who posted the infringing content has an opportunity to submit a counter-notice explaining why they believe it doesn’t infringe copyright.
- If a valid counter-notice is not received, Facebook removes the infringing content.
Facebook states they have a global team that reviews potentially infringing content 24 hours a day. Their goal is to respond to valid copyright reports within 1-3 business days. However, in some cases with a high volume of reports, it may take longer to respond.
What Content is Subject to Copyright on Facebook
Many different types of content posted on Facebook could be subject to copyright law. This includes:
- Photos
- Videos
- Music
- Text
- Artwork
- Articles
- Memes
- GIFs
Essentially any creative work that a user did not create themselves has the potential to infringe copyright if shared without permission. Even things like news articles and photos taken by others are copyrighted and require permission to repost in many cases.
Examples of Copyright Infringement on Facebook
Here are some examples of how users commonly infringe copyright on Facebook:
- Sharing a photo taken by someone else without their permission.
- Posting a full news article copy-and-pasted rather than sharing the link.
- Uploading clips from movies, TV shows, or music videos.
- Using an artist’s song in the background of a video without permission.
- Creating meme’s or GIFs using content from copyrighted sources.
Often users do this unintentionally, not understanding that the material is copyrighted. However, under the law, infringement does not require intent, only use of the copyrighted work.
Penalties for Copyright Infringement on Facebook
Under the Digital Millennium Copyright Act (DMCA), copyright holders can demand that infringing material be removed from online platforms like Facebook. If the platform does not comply, they can face legal action.
For individual users, penalties for infringement vary based on the circumstances but can include:
- Having the infringing content removed.
- Temporary or permanent ban from Facebook.
- Legal demand for monetary damages from the copyright holder.
- Potential lawsuit and court-ordered damages.
In general, casual infringement is often resolved simply by removing the content. But repeated or egregious offenses can prompt legal action. Under U.S. copyright law, statutory fines range from $750 to $30,000 per infringed work, with the potential for even higher damages.
How to Avoid Copyright Infringement on Facebook
It is entirely possible to use Facebook without infringing copyright. Here are some tips:
- Only upload and share content you created yourself.
- Check that any material from third-party sources is licensed for sharing and attribute the original creator.
- When in doubt, link to an article or video rather than reproducing it without permission.
- Avoid using recognizable clips from copyrighted movies, shows, music, etc.
- Be cautious about creating meme’s or remixing existing content.
As a rule of thumb, if you did not create something yourself, you should get permission before sharing it or only share a small amount that falls under fair use exceptions in copyright law.
Fair Use Exceptions
Copyright law does allow some exceptions for material to be used without permission under certain fair use circumstances. On Facebook, this often includes:
- Quoting or excerpting a portion of a copyrighted work for commentary or criticism.
- Parodying elements of a copyrighted work humorously.
- Incidental use of things like background music or a TV playing in the background.
However, the line for fair use is blurry, and sharing too much of a work or using it for pure entertainment value rather than commentary often still counts as infringement.
Special Cases
There are a few special cases when it comes to copyright on Facebook:
- Videos – Facebook automatically scans uploads to identify potential media copyright infringement using digital fingerprinting.
- Live Videos – Copyrighted content may be temporarily visible during live broadcasts before Facebook can take it down.
- Facebook Stories – Stories that disappear after 24 hours can still face copyright violation penalties.
- Private Groups – Infringing content in closed groups is still subject to reporting and removal.
So essentially, copyright law applies across all parts of Facebook and Instagram’s platforms both public and private.
Changes Coming in 2022
In 2022, Facebook plans to introduce an additional review step before automatically removing content based on copyright claims. This is to help ensure legitimate fair use cases are not improperly penalized. However, the fundamentals of their copyright enforcement policies and penalties will remain unchanged.
Conclusion
In summary, Facebook absolutely has copyright protection policies in place that prohibit users from sharing infringing material. These are outlined in their Terms of Service and Community Standards documents. When copyright violations are identified, Facebook removes the infringing content and in serious cases may ban the user. Individuals can face additional legal and monetary penalties from copyright holders outside of Facebook’s internal enforcement as well. The best way to avoid issues is to only share original content or material you have explicit permission to use. With billions of users, copyright on Facebook will continue to pose challenges. However, by understanding and respecting copyright law, both the platform and its users can go a long way in minimizing problems.