Social media has become an integral part of our lives. Platforms like Facebook allow us to stay connected with friends and family, discover new content, and share things that interest us. With a single click, we can share posts, news articles, videos, and more. But does sharing content on social media infringe on copyright?
What constitutes copyright infringement?
Copyright law gives creators the exclusive right to reproduce, distribute, publicly perform, publicly display, and create derivative works from their original works. These rights allow creators to control how their works are used and prevent unauthorized use. Copyright infringement occurs when someone violates one of these exclusive rights without permission from the copyright holder.
To be protected by copyright, a work must be original and fixed in a tangible medium. Original means the work was independently created and displays a minimal degree of creativity. The work does not have to be completely unique, just not copied from others. Fixation simply means the work exists in some physical form like print, film, digital file, etc. Ideas, facts, data, titles, and other unfixed elements are not protected.
Some common examples of copyright infringement are:
- Downloading, printing, screen capturing, or forwarding an entire copyrighted photo, article, ebook, song, or video without permission
- Uploading copyrighted content to a website, social media, or file sharing platform
- Creating unauthorized translations, adaptations, sequels, or merchandise based on a copyrighted work
- Publicly displaying or performing a copyrighted work without a license (like illegally screening a movie)
However, copyright law does allow for some exceptions like fair use, first sale doctrine, and other limitations. Certain unauthorized uses may be permissible depending on the specific circumstances.
Does sharing a post infringe copyright?
When you share a post on Facebook, you are distributing and displaying that content. At first glance, this seems to violate the copyright holder’s exclusive distribution and public display rights. However, the legal implications depend on what exactly you are sharing and how you share it.
Sharing personal posts
If you share an original post created by one of your Facebook friends, there is no copyright issue. Your friend owns the copyright to their own post and can freely share it.
Sharing public posts from pages
When you share a post from a public Facebook page, like a company page or public figure’s profile, it also does not infringe copyright in most cases. These pages intend for content to be shared publicly to increase engagement.
As long as you share the post as is, without modifying it, and provide attribution to the source page, your share is likely permissible. It allows more users to discover the content just as intended.
Sharing content not created by the page owner
Sometimes public pages will share content like news articles, viral videos, memes, etc. that they did not create. Even if shared by a public page, this third-party content is still protected by copyright.
Before sharing a post containing content belonging to someone else, you need to evaluate if your use would qualify as fair use. The fair use doctrine permits unauthorized use of copyrighted material under certain conditions without constituting infringement. To qualify as fair use, your sharing of the content must be for purposes like criticism, commentary, education, parody, or research. Four main factors are considered:
- The purpose and character of your use
- The nature of the copyrighted material
- The amount of the work used
- The potential market effects on the copyright holder
For example, sharing a full-length movie posted by a public page would not be fair use. But sharing a news article or meme for commentary likely is, especially if you add your own original take in the share description.
Sharing illegally posted content
One form of copyright infringement is definitively illegal – further distributing content that you know was posted without the copyright holder’s authorization. Examples include leaked movies, pirated music, ebooks, and software posted without consent of the rights holder.
By knowingly sharing an unauthorized upload, you become an accomplice to infringement. It does not matter if the illegal content was already available publicly on the platform. You are contributing to the cycle of piracy by enabling it to reach more viewers.
Copyright issues specific to sharing links
Link sharing raises some unique copyright considerations. Posting a link alone does not display or reproduce the content, so it avoids infringement concerns related to unauthorized copying and distribution.
However, links do facilitate access to copyrighted material. If the link provides access the public otherwise wouldn’t have, such as bypassing a paywall, it enables infringement by users who click through. Anti-circumvention laws prohibit this type of copyright circumvention.
But links to publicly accessible content likely do not violate copyright. The material is already available without the link. For example, sharing a news article link does not constitute infringement, even though clicking the link displays the full article content.
How to legally share content on Facebook
Here are some tips for safely sharing content on Facebook without risking copyright infringement:
- Only share original content you created or have permission to post. This includes personal updates, photos you took, or work owned by your employer.
- When sharing posts from public pages, only share the original post as is. Do not modify it or include substantial portions of third party content.
- Before sharing any third-party content, critically evaluate it under fair use standards. Provide commentary and limit the amount to small excerpts.
- Read posts carefully to assess whether the content appears unauthorized or illegally uploaded based on disclaimer comments or quality.
- Carefully consider the source. Sharing posts from reputable news sites is safer than questionable pages.
- Add your own original commentary when sharing. Transformative use weighs in favor of fair use.
- Link to content whenever possible rather than reproducing it. But ensure the links do not bypass paywalls or provide unauthorized access.
What happens if you get caught infringing copyright on Facebook?
Copyright holders monitor social networks for unauthorized use of their works. If your sharing is flagged as infringing, here’s what might happen:
- Post removal: Facebook will take down the infringing content upon receiving a valid takedown notice from the rights holder under the DMCA.
- Account restrictions: Repeat offenses can lead to temporary or permanent loss of posting privileges, or complete account deactivation.
- Legal action: The copyright holder can sue you for substantial monetary damages, legal fees, and court injunctions on future use.
To avoid these outcomes, be cautious and selective when sharing content that isn’t yours on Facebook. Seek permission whenever possible. And if you receive a takedown notice or allegation of infringement, it is wise to consult an intellectual property attorney.
Conclusion
Sharing posts is a core part of the Facebook experience. But it can raise copyright issues you need to consider. As a general rule, sharing personal posts, public page posts in full, and linking to content is permissible. However, redistributing long excerpts or full copies of content belonging to others without permission poses a infringement risk if it does not qualify as fair use.
Evaluate each post carefully before hitting share. Be thoughtful and add value through commentary. With some caution and common sense, you can enjoy connecting with content on Facebook without unlawfully infringing on copyrights.