Facebook provides a process for reporting potential copyright infringement and submitting takedown requests. Here are the key things to know about disputing copyright infringement on Facebook:
What is copyright infringement?
Copyright infringement occurs when someone uses your original creative work without your permission. On Facebook, this could include someone sharing photos, videos, or text content that you own the copyright to without your authorization.
How can I tell if my copyright is being infringed on Facebook?
Here are some signs your copyright may be infringed on Facebook:
- Your photos or videos are shared without credit or permission
- Someone has reposted your images and claimed them as their own
- Your written content appears copied word-for-word without attribution
- Your original art, illustrations, or designs are used without authorization
Facebook provides tools to search for and identify content that may infringe your copyrights. Using the Facebook search bar, you can search for keywords, titles, and phrases to try to locate unauthorized use of your work.
Should I register my copyright before disputing infringement?
While copyright exists automatically in original work at the time of creation, registering your copyright with the U.S. Copyright Office provides additional legal benefits. Registration creates a public record of your copyright and allows you to claim statutory damages and attorney fees in a lawsuit against an infringer. It’s recommended to register your copyright before submitting a takedown notice to Facebook.
How do I report copyright infringement on Facebook?
Facebook provides an online copyright report form to submit infringement claims. Here are the steps:
- Go to https://www.facebook.com/legal/copyright.php?noncopyright_notice=1
- Click “Submit a Copyright Infringement Notice”
- Select “I am the copyright owner or agent authorized to act on their behalf”
- Check the box confirming you have a good faith belief the content is infringing
- Enter the URL of the infringing content on Facebook
- Provide information about yourself as the reporting party
- Give details about the infringed work including title and registration number (if applicable)
- Check boxes indicating this is an accurate claim submitted under penalty of perjury
- Click “Submit”
This submits your infringement report to Facebook for review. Make sure to provide as much detail as possible so Facebook can locate the infringing content.
What happens after I submit a copyright report to Facebook?
Once you submit a takedown notice, here’s the general process Facebook follows:
- Review of Claim – Facebook reviews your submitted information to ensure it’s complete and identifies the allegedly infringing content.
- Disabling Access – If your claim meets requirements, Facebook will disable public access to the reported content while evaluating the claim.
- Notification to User – Facebook notifies the user who posted the content that it’s been disabled due to a copyright claim.
- User Opportunity to Respond – The user has an opportunity to submit a counter-notification asserting they have the right to post the content.
- Resolution – If the user doesn’t respond, Facebook keeps the content disabled. If they provide a counter-notice, Facebook informs you so you can pursue legal action if desired.
This process can take approximately 2 weeks. Facebook only restores the reported content if the submitting user provides a valid counter-notification.
What information do I need to submit a copyright report?
To submit an effective copyright infringement notice to Facebook, you need to provide:
- Your full legal name and contact information
- Identification of the infringing content (URL, photos, video title, etc.)
- Identification of your original copyrighted work (title, registration number, description, etc.)
- Statement that you have a good faith belief the content is not authorized by the copyright owner
- Statement that the information in your claim is accurate under penalty of perjury
Providing as much detail as possible will help Facebook identify and remove any infringing content.
Can I dispute a claim of copyright infringement against me?
If you receive a notification from Facebook that content you posted has been disabled due to a copyright claim, you have the option to submit a counter-notification to dispute this. The steps are:
- Submit a counter-notification to Facebook at https://www.facebook.com/help/contact/634636770043106 explaining why you have the right to post the content.
- Facebook reviews your counter-notification and provides a copy to the party who reported the infringement.
- If the reporting party does not provide evidence they’ve filed a court action against you within 10-14 days, Facebook restores your content.
Submitting a valid counter-notification requires providing your contact information, identification of the disabled content, and your consent to be sued in your local jurisdiction.
What are the penalties for copyright infringement on Facebook?
Here are some potential consequences for copyright infringement on Facebook:
- Content removal – Facebook will take down infringing content when properly reported.
- Account restrictions – Repeated violations could lead to limits on your Facebook account.
- Legal damages – A copyright owner can sue you for monetary damages like lost profits or statutory damages.
- Injunction – A court may order you to stop infringing the copyright.
- Criminal charges – Willful infringement for commercial gain could lead to criminal prosecution.
Copyright infringement can lead to civil lawsuits and substantial monetary penalties. It’s important to only share content you have the rights to on Facebook.
Should I hire a lawyer for a copyright dispute on Facebook?
While submitting a basic takedown notice to Facebook can often be done without a lawyer, complex copyright disputes may benefit from involving legal counsel. Consider hiring a lawyer if:
- The other party submits a counter-notification to have the infringing content restored
- You need help determining if your content rights are actually being infringed
- Multiple pieces of your copyrighted content are being infringed
- You want to pursue actual litigation against the infringing party
- The infringing use is clearly commercial rather than personal
An intellectual property lawyer can provide guidance on navigating Facebook’s dispute process and your options for legal recourse.
How can I avoid copyright infringement on Facebook?
To avoid infringing on others’ copyrights when using Facebook:
- Only share photos, videos, and text content you created or have explicit permission to use
- Give appropriate credit to third-party material you are permitted to share
- Don’t use other’s logos, brand names, or identifiable artwork without authorization
- Use sharing settings that limit visibility if posting copyrighted material with permission
- Don’t share or repost content if you are uncertain of the copyright owner
- Consult an attorney before using others’ work for commercial purposes
Being thoughtful about what you post and limiting third-party content can help avoid copyright disputes. Seek permission whenever possible.
Conclusion
Facebook provides clear procedures for copyright owners to report unauthorized use of their creative work and request takedown. Understanding how to effectively submit copyright infringement claims, provide counter-notifications if your own content is disabled, and avoid infringing activities can help you responsibly use Facebook while respecting others’ intellectual property rights.