Facebook is one of the most popular social media platforms, with billions of users posting status updates, photos, videos, and more on a daily basis. With so much user-generated content being shared, an important question arises – who owns the copyright to all this Facebook content?
The short answer
The short answer is: it depends. When users post original content that they created themselves to Facebook, they retain the copyright to that content (with some exceptions covered below). However, by posting on Facebook, users do grant the platform certain licenses to reproduce and distribute their content.
Facebook’s Terms of Service
Facebook’s Terms of Service, which all users agree to when signing up for an account, address copyright and licensing issues. Here are some key points from the TOS:
- Users retain copyright and any other rights they already hold in content they post on or through Facebook.
- Users grant Facebook a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any intellectual property content they post.
- This allows Facebook to share, promote, and distribute user content on its platform and through partnerships and advertising.
- Users can delete their content or account if they no longer want Facebook to have these permissions.
So in essence, when users post their own creative work, they still own the copyright to it but also grant Facebook broad license to use it. These terms are fairly standard for social media platforms.
What about content users don’t own?
Things get more complicated when users post content they didn’t create themselves. Users need permission to post copyrighted content owned by others. Some examples:
- Photos taken by professional photographers
- Logo designs belonging to brands/companies
- Quotes, lyrics, or snippets of copyrighted literary works
- Videos containing copyrighted music, film/TV clips, etc.
Posting these without permission could violate copyright law. Facebook’s TOS requires users to represent they have the right to post any content they don’t own themselves.
What is Facebook allowed to do with user content?
Facebook’s licensing terms give them a lot of leeway to reproduce and distribute user content. They may use posts in the following ways:
- Displaying it on Facebook platforms (news feed, profiles, etc.)
- Including it in advertisements shown on or off Facebook
- Letting partners like CrowdTangle analyze and distribute it
- Modifying formats or making other necessary changes
- Publicly performing or displaying it
However, Facebook cannot sell user content directly without additional consent. Their license is for operating their platform, not commercializing user content.
What rights does Facebook have to user data?
Beyond specific posts and content, Facebook also states in its TOS that it may use any information users provide or make available for the following purposes:
- Providing, analyzing, and improving Facebook products
- Advertising and user recommendation algorithms
- Safety, security, and integrity efforts
- Research and innovation on topics of general social welfare
- Creating data sets for academic research
So users’ behaviors, interests, and other data trails on Facebook can be leveraged by the company in aggregate to improve its offerings and operations. Individual data profiles belong to Facebook, not the user.
What about content others post of you?
Users may have photos, videos, or other content posted about them by friends/connections on Facebook. Do they have any copyright claims on these posts? Not necessarily. The person who posts the content typically retains full copyright ownership. However, tagging someone does suggest their consent to appear. If a user untags themselves, this may be seen as rescinding consent.
Can you delete content to revoke Facebook’s license?
Yes, users can delete individual pieces of content or their entire account to revoke Facebook’s license to that content. However, the platform is not obligated to remove it entirely. For instance, some data may remain in backups or aggregates. But deleting does terminate their right to active display and distribution.
What happens if copyright is violated?
Facebook provides a copyright reporting form for submitting takedown requests. Copyright holders can request unauthorized use of their works be removed. This is under the US Digital Millennium Copyright Act (DMCA). Examples of valid requests:
- Photos/videos copied from copyrighted sources
- Reproductions of copyrighted literature, music, etc.
- Commercial logos used without authorization
Failing to comply with legitimate takedown requests can potentially lead to liability for copyright infringement.
Limits of Facebook’s rights
While Facebook does obtain licenses from users, there are some limits. In particular:
- User content cannot be shared with third parties without consent
- Facebook cannot claim ownership of user content
- Users retain the right to also license their content elsewhere
Additionally, Facebook’s rights only apply to content posted directly to their platform. They cannot use content posted to other sites without permission.
Strategies for protecting copyright
For users who want to maintain full control of copyrights, here are some tips:
- Only post original content you created or have explicit rights to use
- Avoid posting any commercial/trademarked content
- Consider watermarking photos and videos
- Register creative works with the US Copyright Office
- Seek written licensing agreements before posting others’ content
- Delete content you no longer want Facebook to use
Following these best practices helps users protect their copyright interests on Facebook and comply with the platform’s rules.
Special cases
There are a few special cases regarding Facebook content and copyright:
Facebook Live videos
Facebook Live broadcasts belong to the person who created them. However, music played in the video may require royalty payments.
Facebook Stories
For disappearing Facebook Stories content, the same copyright rules apply. However, Facebook’s re-share license expires when Stories expire.
Facebook pay/stars
Original content created for Facebook pay programs is often limited by special terms. This includes exclusive licenses or non-competes for that content.
FB content used off-platform
Downloading and re-posting Facebook content on other sites still requires permission from the copyright holder.
Facebook fan/brand pages
Pages for organizations often have trademark and publicity rights reserved. Users should be careful repurposing content.
Protections for satire/parody
In some cases, Facebook posts may be protected under “fair use” provisions for purposes like satire and parody. This allows limited use of copyrighted works without permission. However, fair use is complex and context-dependent. It does not provide blanket protection.
Conclusion
Copyright on Facebook depends on who created the content and the context it is used in. While users own and can control copyright of their own posts, the platform does gain broad licenses to distribute and leverage user content. Understanding these rules allows informed decisions about what to post and what rights to protect.