Having an intellectual property complaint filed against your Facebook page can be stressful and confusing. Facebook has procedures in place for addressing these complaints, but navigating the process can be challenging. This article will provide step-by-step instructions on how to properly respond to and resolve intellectual property complaints on Facebook.
What is an intellectual property complaint on Facebook?
An intellectual property complaint (IP complaint) on Facebook is filed when someone believes their copyrights, trademarks, or other intellectual property rights have been infringed upon by content posted on a Facebook page. This could include using someone’s photos or videos without permission, using trademarked names or logos without authorization, or posting copies of copyrighted material like music, books, or articles.
Facebook provides a process for intellectual property rights holders to submit complaints. Page admins then have an opportunity to respond before Facebook makes a final decision on whether to remove the disputed content.
How to find intellectual property complaints against your Page
If your Facebook Page receives an IP complaint, you will be notified in a few ways:
- An email notification will be sent to the email associated with your Facebook account
- A notification will appear in your Page Notifications on Facebook
- A notification will show in the Help Center of your Page
To view details about complaints against your Page:
- Go to your Facebook Page
- Click on the Settings tab
- In the left column, click Help Center
- Click Intellectual Property
This will show you any active complaints against your Page. Make sure to act quickly, as you only have a few days to respond before Facebook may remove the content in question.
Submitting a counter-notice
If you believe the IP complaint was made in error, you can submit a counter-notice to Facebook. This initiates a legal process between you and the complainant.
To submit a counter-notice:
- Go to the Intellectual Property section of your Page’s Help Center
- Click Appeal next to the complaint you wish to counter
- Fill out the form with your contact information and explanation
- Click Send
Your counter-notice will be forwarded to the complainant. You must provide your accurate contact information, as the complainant may wish to take legal action against you directly if they still believe their rights are being infringed.
Elements of a good counter-notice
For your counter-notice to be considered valid, it must:
- Identify the content Facebook removed
- List your full legal name, address, phone number and email address
- Include the statement: “I swear under penalty of perjury that I have a good faith belief the material was removed as a result of mistake or misidentification of the material”
- Consent to your local federal court’s jurisdiction
- Include your physical or electronic signature
In addition to meeting these requirements, you should provide a clear explanation for why you believe the complaint is inaccurate. Here are some things you may want to include:
- Proof you have the rights to use the content, like a licensing agreement
- Fair use arguments, if you used only a small portion of copyrighted content
- Explanations of how your use does not violate trademark law
- Any other facts or context that support your position
Being overly brief or vague can cause Facebook to reject your counter-notice, so make sure to be as detailed and specific as possible.
What happens after you submit a counter-notice?
Once you submit your counter-notice, here is the general process:
- Facebook reviews your counter-notice to ensure it meets their requirements
- If accepted, Facebook forwards it to the original complainant
- The complainant has 10-14 days to provide proof they’ve filed legal action against you, such as a lawsuit
- If they do not provide proof, Facebook may reinstate your content
- If they do provide proof, Facebook keeps content removed pending the legal proceedings
- If you win your legal case, you can have the content reinstated
This legal process can take months. If you’ve submitted a valid counter-notice, the best thing to do is wait for updates from Facebook and be prepared to defend yourself in court if necessary.
How to minimize intellectual property complaints
The best way to handle IP complaints is to avoid them altogether. Here are some tips:
- Only post original content – Don’t use others’ photos, videos, text, etc. without explicit permission.
- Credit creators – If you have permission to use content, credit the creator clearly.
- Alter trademarked content – If you reference trademarks like brand names, alter them slightly (like abbreviating) when possible.
- Link to sources – If you reference copyrighted material, link back to the original source website.
- Review fair use principles – Only use small portions of copyrighted material that are necessary to make your point.
It’s impossible to eliminate all risk of complaints, but following best practices can help deter rights holders from targeting your content. Seek legal counsel if you have any concerns.
Conclusion
Receiving an intellectual property complaint on Facebook can seem intimidating, but understanding the proper process for responding can help you resolve it smoothly. Always act quickly, submit detailed counter-notices if appropriate, and be prepared to defend yourself in court if necessary. With the right approach, you can get your content reinstated or work out an agreement with the rights holder. And putting proper IP practices in place for your page can help avoid complaints arising in the first place.