With over 2 billion monthly active users, Facebook has become one of the most popular platforms for sharing photos, videos, and other media. However, many users have found their content removed or restricted due to copyright claims. Getting hit with a copyright claim can be frustrating, but there are steps you can take to avoid this happening in the future.
Understanding Facebook’s Copyright Policy
Facebook’s terms of service prohibit users from posting content that violates someone else’s intellectual property rights. This includes copyrighted material like songs, videos, images, and other media. When posting content created by someone else, you need to have the proper licensing or permission to share it on Facebook.
If you post copyrighted material without permission, the copyright holder can file a DMCA takedown notice with Facebook. The platform is required by law to remove or restrict access to the infringing content. In addition to removing the content, copyright strikes against your account can lead to temporary account suspensions or permanent deletion.
How Copyright Claims Are Detected
Facebook uses a combination of automated systems and human reviewers to detect potential copyright violations:
- Automated matching – Facebook scans all new uploads and compares them against a database of files that have been previously flagged for copyright infringement. If a match is found, the content may be automatically blocked.
- Reports from rights holders – Copyright holders can report violations by submitting takedown notices to Facebook. The reported content is reviewed and removed if found to be infringing.
- User reports – Facebook users can flag posts that may be infringing on copyrights. These reports will prompt a review by Facebook’s content moderation team.
In addition to reactive detection of violations, Facebook also utilizes some proactive measures:
- Fingerprinting technology – Identifies duplicates of banned copyrighted materials, preventing re-uploads.
- Preview screening – Screens all content from repeat infringers before it is posted publicly.
Avoiding Copyright Problems
To help avoid copyright clashes on Facebook, here are some best practices to follow:
Only Share Your Own Original Content
The easiest way to steer clear of copyright claims is to only post content you created yourself. Your original photographs, videos, music, artwork, and other media are automatically copyrighted to you.
Sharing your own content gives you full control and ownership. You don’t need to worry about licensing restrictions or attribution.
Get Permission to Use Copyrighted Material
If you want to share content created by someone else, you need to obtain proper licensing or permission.
For photographs and videos, sites like Shutterstock, Getty Images, Adobe Stock, and Pond5 allow you to purchase licenses to use media. Prices vary based on resolution, number of users, and licensing terms.
For music, platforms like Artlist, Epidemic Sound, and Soundstripe provide licenses to use songs in online videos and posts. Sync licenses allow using songs with visual media.
You can also request permission directly from the copyright holder. Reach out to the artist, photographer, label, or company that owns the content. Have them provide written consent for you to use the material.
Attribute Copyrighted Material Properly
When permission is granted to use copyrighted content, you must properly attribute the original creator. This means clearly crediting them in the caption and indicating it is used under license.
Proper attribution is not only good practice, but also a license requirement in many cases. Even with permission, failing to credit the rights holder can still result in a copyright violation.
Dispute Invalid Copyright Claims
Sometimes copyright claims are made in error against content you own. If you believe a claim against your post is invalid, you can dispute it with Facebook.
When submitting a dispute, you will need to provide information showing your ownership of the content in question. Valid proof can include original copies of the files, licensing documentation, or purchase receipts.
Facebook reviews disputes and overturns wrongful claims. However, repeated disputes can cause your account to be suspended if they appear to be abusive.
Edit or Crop Copyrighted Material
In some cases, you may be able to avoid problems by modifying copyrighted content before posting it. Consider editing or cropping it to transform the original work:
- Editing – Add visual elements, overlay text, apply filters, mash-up with other content.
- Cropping – Only use a portion of the image, video clip, or other media.
Significantly altering copyrighted source material can qualify your post as fair use. But exercise caution, as edits and crops that are too minor may still draw infringement claims.
Consequences of Copyright Violations
Failing to properly handle copyrights can have serious repercussions on Facebook:
- Content removal – Your post will be taken down immediately when a valid claim is made.
- Copyright strikes – Multiple violations will lead to strikes against your account. 3 strikes can result in permanent deletion.
- Reach restrictions – Your account may be limited from sharing posts publicly or advertising.
- Suspension – Temporary account suspension for repeated offenses.
In addition to account-level actions, you can also face legal consequences. Copyright owners can sue for statutory damages up to $30,000 per infringement.
Using Copyrighted Material in Ads
Exercising caution is especially important when using copyrighted content in Facebook ads. The stakes are higher given paid distribution:
- Ad disapproval – Facebook will reject ads using copyrighted material without proper licensing. Disapproved ads cannot run until resolved.
- Ad account suspension – Multiple copyright violations in ads can get your ad account suspended without warning.
- Litigation risks – Running infringing ads at scale significantly raises your risks in court.
To avoid headaches, only use original content or properly licensed media in Facebook ads. Confirm you have sufficient licensing rights for your target countries and audience size.
Fair Use on Facebook
In some limited cases, you may be able to utilize copyrighted material under fair use doctrine without permission. To qualify as fair use, your content must:
- Use only small portions of the copyrighted work.
- Transform the material by adding new expression or meaning.
- Be used for purposes like education, commentary, criticism, etc.
- Not negatively impact the market value of the original work.
Examples of fair use often include commentary, parody, news reporting, and educational content. However, fair use is complex and subjective. Relying on it comes with legal risks if challenged.
Alternatives to Copyrighted Content
To avoid any doubt, your best option is to utilize content without licensing restrictions. Here are some great sources:
Stock Media Sites
Stock photo and video sites offer content that is safe to use commercially with proper attribution:
- Unsplash – Free high quality stock photos.
- Pexels – Free stock videos and photos.
- Pixabay – Free images and videos.
- Videvo – Free stock videos.
Creative Commons Libraries
Search libraries of media licensed under Creative Commons that allows sharing and adapting:
- Creative Commons Search – Find CC-licensed content.
- Flickr Creative Commons – CC photos from Flickr.
- Wikimedia Commons – Media from Wikipedia and Wikimedia.
- CC Search (YouTube) – YouTube videos under Creative Commons.
Public Domain Works
Millions of books, films, photos, documents, and other media are in the public domain. These works are copyright-free and OK to use freely.
Look for public domain material in sites like Project Gutenberg, Archive.org, Library of Congress, and Wikimedia Commons.
What About Memes and Viral Posts?
Viral social media posts present a gray area when it comes to copyright law. Memes, trending posts, and other user-generated content often use some copyrighted source material.
Technically, memes require permission from original rights holders before sharing and adapting. But viral nature makes crediting and taking down infringing posts impractical to enforce at scale.
For now, many platforms like Facebook apply a light touch. But legally, viral posts remain at risk of takedown. As a best practice, create your own meme templates based on public domain images or stock photos.
Tools to Monitor Copyright Usage
Once you begin posting more content, it helps to actively monitor your Facebook presence for copyright issues. Here are some useful tools:
Facebook Rights Manager
Rights Manager allows content owners to easily search for material used without permission and take action. You can use it to audit competitors and watch for unauthorized usage of your own content.
Google Reverse Image Search
This free tool lets you drag an image to search the web for matching usages. Useful for tracking down the original source of an image and identifying copies.
TinEye Reverse Image Search
Similar to Google, TinEye searches the web for image matches. Also offers a browser plugin and API access for monitoring image usage at scale.
YouTube Copyright Match Tool
Enables YouTube creators to scan their channel for copyrighted content. Helps identify potentially unlicensed material for removal.
Considerations for Marketers
For marketers investing in advertising and influencer marketing, it’s important to evaluate copyright risk exposure:
- Audit user-generated content from creators to confirm they have usage rights to share materials in your branded campaigns.
- Review licensing carefully when purchasing sponsored posts to ensure content is fully cleared for paid promotion. Ask creators to provide documentation.
- Craft social media policies and Creator Agreements requiring influencers to comply with copyright laws in branded content.
- Research whether your competitors have faced copyright issues to avoid repeating the same mistakes.
Consult an Attorney
Copyright law involves many nuances that are hard to fully cover here. For any questions regarding permissible use cases or licensing issues, it can help to consult an intellectual property attorney.
An attorney can review your specific situation and provide tailored legal guidance. Having an expert evaluate copyright concerns is ideal before publishing content widely or using it in advertising.
Conclusion
Avoiding copyright infringement on Facebook comes down to being careful about what you share. Either create original content or properly secure licensing to replicate someone else’s work. With the right permissions and attribution, you can include copyrighted material without putting your account at risk.
Exercising caution upfront saves you headaches compared to dealing with takedowns reactively. Robust copyright enforcement makes it critical to know the rules and limitations.
By combining original work, stock media, and public domain content, you can build an engaging Facebook presence safely. With the help of monitoring tools, you can also watch for potential violations by others using your content.