Getting a copyright claim on Facebook can be a scary and confusing experience. Facebook has a process in place for copyright holders to submit claims against content posted on the platform that they believe infringes on their copyrights. But what does it actually mean for you if you get hit with a copyright claim? Here’s a breakdown of what to expect and what you can do if you receive a copyright claim on Facebook:
How You’ll Find Out About the Claim
If a copyright holder submits a claim against one of your Facebook posts, you’ll receive a notification from Facebook alerting you to the claim. This notification will likely come in the form of an email and an alert within your Facebook account. The notification will identify the specific content that received the claim and provide details on who submitted the claim.
Facebook’s notice will explain that the claimant has reported your content for copyright infringement. It will include information such as:
- The name of the copyright holder
- Contact information for the claimant
- Identification of the copyrighted work your content allegedly infringed
- A statement confirming the claimant has a good faith belief that your content is unauthorized
The notice will be your first indication that a claim has been filed against your content on Facebook.
Your Content Will Be Taken Down
In most cases, Facebook will automatically remove or restrict access to the content subject to the copyright claim shortly after sending you the notification. This happens quickly in order to comply with copyright law – Facebook is required to expeditiously remove or disable access to claimed infringing material to avoid liability.
So even if you believe the claim is invalid or mistaken, the content will be taken down first while the claim is evaluated. Your ability to share or view the content will be disabled until the claim is resolved.
You Have Some Options on How to Respond
When you receive notice of a copyright claim on Facebook, you will have some choices on how to proceed:
- Ignore the Claim: If you do not respond to the claim and take no action, Facebook will likely keep the content restricted. Failing to respond does not mean you admit fault or that the claim was valid. But it does mean the claimant succeeds in having your content taken down.
- Delete the Content: You can voluntarily delete the content that received the claim from Facebook. This is essentially admitting defeat and permanently removes your ability to re-post it.
- Submit a Counter-Notice: If you believe the claim was mistaken or improper, you can submit a counter-notice to Facebook. This initiates a legal process in which Facebook notifies the claimant of your objection. If the claimant does not take formal legal action against you within 10-14 days, Facebook is authorized to reinstate your content.
Submitting a counter-notice requires providing your name, address, phone number and other contact details. It also requires a statement confirming your good faith belief that the content was removed by mistake. Filing a counter-notice perjuriously when you know the content infringes may expose you to legal liability.
The Claimant May Try to Contact You Directly
In some cases, the claimant may try to contact you directly either before or after submitting their copyright claim to Facebook. This could happen via Facebook messenger, email, physical mail, or even a phone call.
A copyright holder may reach out directly to inform you of the alleged infringement, request that you voluntarily take down or edit the content, or propose a settlement or licensing arrangement. If you receive direct contact from a claimant, you should proceed cautiously and with the guidance of legal counsel if possible.
Be wary of aggressive demands, threats of legal action, or any offer that seems disproportionate to the situation. Unscrupulous parties sometimes abuse copyright claims as a bullying tactic. Consult a lawyer to understand your rights and response options.
Your Account Could Get Disabled for Repeat Infringements
If your account receives multiple copyright claims that are valid, Facebook may take punitive action against your account. Under Facebook’s repeat infringer policy, if you repeatedly post content that infringes copyrights your access may be restricted or your account disabled.
The threshold for repeat infringement actions is not clear. But receiving even a couple valid copyright claims could put your account at risk. Having your account temporarily or permanently disabled can be devastating, so take copyright claims seriously to avoid compounding them.
You May Face Legal Action from the Claimant
In the most serious cases, receiving a copyright claim on Facebook could lead to legal action by the claimant against you. If you submit a counter-notice, the claimant has a window in which they can file a lawsuit against you in federal court for copyright infringement.
Even if you do not file a counter-notice, the claimant can still pursue legal action if they feel you have engaged in significant copyright infringement. You may face consequences like monetary damages, attorney’s fees, and court orders barring you from posting the infringing content.
Major record labels, movie studios, publishing houses, and other large copyright holders are more likely to aggressively pursue legal action compared to individual photographers or artists. But even smaller claimants can file suit if they want to make an example out of you.
Fair Use and Parody Protections May Apply
Not all uses of copyrighted material constitute infringement. Situations where you reference a work for purposes like criticism, commentary, news reporting, teaching, scholarship, or research may qualify as non-infringing fair use.
Parodies that poke fun at copyrighted works can also be protected from claims of infringement. Quoting small portions of a work for criticism or commentary is another common fair use scenario.
But relying on fair use as a defense still involves legal risk and uncertainty. There are no hard and fast rules, so you may need a judge to ultimately decide if your particular situation qualifies as fair use.
Copyright Claims Are Serious Business
At the end of the day, receiving a copyright claim on Facebook is serious business that demands attention. The effects on your account, potential for legal action, and uncertainty around fair use defenses mean you should carefully consider your response.
Educate yourself on copyright law, document everything, be wary of communications from the claimant, and get legal advice if feasible. With smart, informed handling of the situation, you can hopefully get your content reinstated and avoid further issues down the road.
What kinds of content on Facebook tend to get hit with copyright claims?
Here are some of the most common types of Facebook posts that receive copyright claims:
- Music – Songs, recorded music, musical performances, etc.
- Videos – Movies, TV shows, clips from copyrighted videos, etc.
- Photos – Photographs, digital artwork, magazines/book scans, etc.
- Sports media – Game broadcasts, highlights, player footage, etc.
- News media – News articles, columns, video news reports, etc.
- Brand logos – Using a company’s logo without permission.
Essentially any content owned by someone else – whether music, videos, images, text, or any other media – can potentially lead to a copyright claim if posted without authorization on Facebook.
Who is allowed to submit copyright claims on Facebook?
The following parties can legally submit copyright claims against content posted on Facebook:
- Copyright owners – This includes artists, authors, publishers, record labels, movie studios, etc.
- Authorized licensees – Any party who has been legally authorized to enforce a copyright owner’s rights.
- Assignees – Someone who has obtained legal ownership of a copyright, like through an assignment contract.
- Legal representatives – Lawyers, agents, or other representatives submitting on behalf of a copyright holder.
To submit a copyright claim to Facebook, you must have a current, valid, legal relationship to the rights owner of the allegedly infringed content. Facebook specifies that all claimants must consider fair use before submitting claims. False or improper claims can result in legal liability.
What information do you need to submit a copyright claim on Facebook?
To file a copyright claim on Facebook, you need to provide the following information:
- Your full legal name and contact information.
- Identification of the copyrighted work being infringed (title, author, etc.).
- Description of the content being infringed and its Facebook location.
- A statement that you have a good faith belief the content is unauthorized.
- An electronic signature confirming your identity, accuracy of claim, and authority to submit claim.
- Consent to be liable for misrepresentations in the claim and warranting that the content was removed/disabled.
Facebook provides an online rights manager portal specifically for submitting copyright claims with all of these required details. Failing to provide complete, accurate information can lead to your claim being rejected.
How long does Facebook take to respond to copyright claims?
Facebook aims to respond to copyright claims quickly, as mandated by federal law under the Digital Millennium Copyright Act (DMCA):
- Notification to user: Facebook will notify the user of a claim within 1-3 days of receiving the notice from the claimant.
- Content removal: Facebook will remove or restrict access to the claimed infringing content within 5-7 days of getting the notice.
- Counter-notice response: If a user submits a valid counter-notice, Facebook will notify the claimant within 10-14 days.
So the copyright claim process moves quite rapidly, with most claims resolved or content removed within two weeks or less. This swift action limits Facebook’s potential liability for hosting infringing user content.
Can you get in trouble for false copyright claims on Facebook?
Yes, there can be serious consequences for submitting false, frivolous, or bad faith copyright claims to Facebook:
- Facebook may ban you from submitting further claims.
- You may face civil liability for damages caused by your false claim.
- If done willfully and intentionally, you could face federal fines or even prison time.
Facebook wants to combat “copyright trolling” where people abuse claims just to harass others or have their content removed. So Facebook can pursue various remedies against those making improper claims, including terminating all access to Facebook services.
Can you appeal a copyright claim decision on Facebook?
If your content gets removed after a copyright claim, you have limited options to appeal the situation on Facebook itself:
- File a counter-notice asserting lawful use of the content.
- Use Facebook’s dispute form to contest the claim removal.
- Appeal the removal if you believe it was done in error.
However, Facebook’s priority is complying with the safe harbor provisions of copyright law. So the company gives great deference to copyright claims and generally upholds them unless the claimant withdraws or a counter-notice compels reinstatement.
Your strongest options are submitting a lawful counter-notice or consulting a lawyer regarding filing suit for a legal ruling on the validity of the copyright claim.
Can you get sued for copyright infringement from Facebook posts?
Yes, it is possible to get sued for copyright infringement for content you post on Facebook. Some key things to know:
- Facebook’s claim process gives the claimant an option to pursue legal action against you in court.
- You’re more likely to get sued by large, sophisticated companies than individual creators.
- Significant damages can result if a court rules against you.
- Even an unsuccessful suit will cost time and legal fees to defend.
To avoid getting sued, be very cautious about ever posting content belonging to someone else without permission. And if you do receive a claim, consult a lawyer to assess your liability and defense options.
How can you avoid copyright claims on Facebook?
Here are some tips to help you avoid getting slammed with copyright claims on Facebook:
- Only post content you created yourself or have explicit rights to use.
- Give proper attribution/credit if you reference someone else’s work.
- Don’t upload full-length songs, videos, books, articles, etc. Stick to short snippets if needed for commentary purposes.
- Alter content sufficiently if parodying or repurposing existing works.
- Research fair use principles and stay safely within those boundaries.
- Consult a lawyer if unsure whether your intended usage falls under fair use protections.
Staying completely away from re-posting other parties’ copyrighted content will keep you in the clear. When in doubt, stick to posting about your own original ideas and creations.
What are some examples of fair use on Facebook?
Here are some examples of content that may qualify as fair use and be protected from copyright claims on Facebook:
- Using a short news clip for commentary or criticism about reporting practices.
- Quoting a sentence or two from a book in a review or literary analysis.
- Including a product photo as part of a consumer experience review.
- Parody skits poking fun at popular movie scenes or characters.
- Memes incorporating portions of copyrighted images with transformative new meaning.
Fair use assessments involve a balancing of factors like the amount used, nature of use, commerciality, and market impact on the original work. But properly employing content snippets for purposes like education, commentary, parody, or criticism can often qualify as fair use.
Can you get a Facebook copyright strike removed?
Getting a copyright “strike” removed from your Facebook account is challenging but potentially feasible through a few different methods:
- File Counter-Notice – Successfully contesting the claim through Facebook’s counter-notice process can lead to removal of the strike.
- Claimant Retracts – If the claimant withdraws their complaint, Facebook can undo the strike.
- Wait it Out – Copyright strikes expire and drop off your account after a period of time, if no new ones accumulate.
- Sue Claimant – Filing a lawsuit to disprove infringement may compel Facebook to reverse the strike.
Strikes make your account vulnerable to disabling, so build a strong fair use case and get legal help responding to weak claims. Legitimate mistakes and overly aggressive claimants do sometimes back down if met with valid legal opposition.
Can pages get deleted for copyright on Facebook?
Yes, entire Facebook pages can be removed for accumulating multiple copyright strikes or egregious copyright violations. Reasons a page may get deleted for copyright issues include:
- Receiving 3 copyright strikes within 90 days.
- Posting a high volume of obviously infringing content.
- Promoting or facilitating copyright piracy.
- Impersonating artists/authors to share infringing content.
- Ignoring or refusing to respond to infringement notices.
Page admins should promptly respond to any claims and remove disputed content to reduce risk of deletion. Keeping backups of page content can help restore a deleted page if infringement findings are successfully appealed.
Conclusion
Copyright claims on Facebook can have real consequences but also present some defenses if used properly. Educating yourself about copyright law, thinking carefully before posting, and responding appropriately to notices is key. While claims can seem scary, they don’t have to turn into disasters as long as you exercise caution and common sense.