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What is Facebook copyright policy?

What is Facebook copyright policy?

Facebook’s copyright policy outlines how the company and its users should handle copyrighted material posted on the platform. This policy is important for protecting intellectual property rights on one of the world’s largest social media sites.

What types of content are protected by copyright on Facebook?

Many different types of creative works are eligible for copyright protection on Facebook, including:

  • Photos
  • Videos
  • Music
  • Text posts
  • Articles
  • Artwork
  • Drawings
  • Sound recordings
  • Advertisements

Essentially any original creative work in a fixed tangible form, including digital content, can be copyrighted. Facebook’s policy covers all of these types of content.

How does Facebook handle copyright infringement?

Facebook has a detailed process for handling claims of copyright infringement:

  1. Copyright holders can file notices of alleged infringement through an online form. They need to provide proof of ownership and specify where the infringing content is located.
  2. Facebook will remove the reported content immediately to comply with the law. They will also send a message to the user who posted it explaining why it was taken down.
  3. The user has the option to file a counter-notice contesting the claim of infringement. This initiates a legal dispute resolution process.
  4. If the user does not contest the notice, or loses the dispute, Facebook will terminate their account after repeat violations.

Facebook acts quickly to handle copyright complaints in order to avoid any legal liability. However, they also have a process in place for users to appeal claims they believe are invalid.

What constitutes copyright infringement on Facebook?

There are a few key types of activities that can lead to copyright infringement claims on Facebook:

  • Posting full copies of copyrighted material – Uploading an entire book, song, movie, or other work without permission infringes on copyrights.
  • Resharing posts containing copyrighted content – Simply sharing a post that contains unauthorized copyrighted material makes you liable too.
  • Using excerpted material out of context – Quoting short protected passages for commentary or criticism is usually fair use, but longer excerpts or out of context use can infringe.
  • Using copyrighted images and videos – Posting a meme with an image owned by someone else or sharing a YouTube video you didn’t make can also trigger take-downs.

The bottom line is that if you don’t have permission to use something, and your use doesn’t qualify as fair use, it’s infringing. This includes any material you find elsewhere online.

How can I avoid copyright infringement on Facebook?

Here are some tips to steer clear of copyright violations on Facebook:

  • Only upload and share content you have created yourself or have explicit permission to use.
  • Check that images are freely licensed or in the public domain before using them.
  • If you want to share copyrighted material, only use short excerpts and properly cite the source.
  • Don’t re-post entire news articles – instead share the link to the original.
  • Avoid unwarranted use of logos and brand names owned by others.
  • Edit and remix content to make it transformative rather than just copying it wholesale.

Doing a quick check and citing sources properly goes a long way. If in doubt, reach out to the copyright holder directly for permission.

What happens if someone infringes on my copyrights?

If another Facebook user posts your original copyrighted material without authorization, here are the steps you can take:

  1. File a notice of infringement through Facebook’s reporting form. Provide proof of ownership.
  2. Facebook will remove the infringing content expeditiously in compliance with the DMCA.
  3. You can choose to directly pursue legal action against the infringing user. Facebook will comply with valid subpoenas.
  4. If the user continues to violate your copyrights, Facebook will delete their account.

Facebook provides rightsholders with powerful tools to control use of their creative works. Persistent violators can lose their account and face legal consequences outside of Facebook too.

Does Facebook ever use copyrighted material itself?

Yes, Facebook itself uses copyrighted content in certain cases, relying on exceptions like fair use and implied licenses:

  • Facebook’s News Feed algorithm surfaces excerpts from news stories and links back to original sources.
  • Shared content is briefly cached on Facebook’s servers to facilitate broadcasting it.
  • Preview images are generated from links and videos to display in the News Feed.
  • Profile pictures and covers are redistributed to Friends in accordance with the Terms of Service.

Facebook limits its own use to what is allowed under fair use or implied legal rights. If a rightsholder finds an unauthorized use, they can request it be taken down through the reporting process.

How are public domain and Creative Commons works handled?

Works in the public domain or under Creative Commons licenses can be freely shared on Facebook without infringing copyright. This includes:

  • Public domain – Works whose copyrights have expired are free for use by anyone.
  • CC0 licensed – Works released under CC0 have waived all copyright restrictions.
  • CC BY licensed – This license allows sharing and adapting content with proper attribution.

However, specific attribution requirements may still apply based on the type of CC license. Failing to provide credit can lead to license violations.

Can I appeal if my content was removed from Facebook unfairly?

If you believe your content was removed from Facebook by mistake or misidentification, you can appeal the decision as follows:

  1. File a counter-notice within 10 days stating you have the right to post the content.
  2. Facebook reviews your counter-notice and contacts the original reporter.
  3. If the reporter doesn’t provide evidence within 10-14 days, Facebook restores your content.
  4. If there is still disagreement, a legal process starts to determine the valid copyright holder.

This appeal process balances the right of users to post legitimate content vs. the duty to remove infringing content. Each case is reviewed based on its specific facts and merits.

What are the penalties for repeat copyright infringement?

Facebook maintains a strict three-strike policy for repeat infringement violations as outlined in the Terms of Service:

  1. 1st warning: Offending content removed, account alerted.
  2. 2nd warning: Same as first + temporary account restrictions.
  3. 3rd warning: Permanent account deletion, no ability to recreate.

This gradual escalation gives users a chance to correct any misunderstandings and prevent accidental oversights from becoming account terminations.

However, intentionally and persistently posting infringing material despite warnings can lead to account deletion. Termination is permanent – no appeals possible at that stage.

Can I report offending posts anonymously?

Copyright holders have the option to file anonymous take-down notices on Facebook. The form allows submitting reports without identifying yourself as the rights holder.

However, to appeal a rejected request or initiate a lawsuit, your identify would need to be revealed. Anonymity is more for individual users rather than companies.

Anonymous reporting merely shields your personal information from the infringing user. Facebook still records the notice and your details for legal compliance.

Conclusion

Facebook’s copyright protections balance safeguarding intellectual property with maintaining an open platform for users to share content. By following the rules and leveraging the tools available, both creators and sharers can feel secure.

Understanding what requires permission, proper attribution, legal exceptions like fair use, and the penalties for violations allows everyone to responsibly use Facebook without infringing on rights.