Quick Answer
The person who took the photo typically owns the copyright unless it is a work made for hire or the copyright was transferred. Uploading a photo to Facebook does not transfer copyright ownership to Facebook. The terms of service grant Facebook a license to use the photo, but copyright remains with the original owner.
Copyright Ownership
When a photo is taken, the photographer who pressed the shutter is considered the author and copyright owner. There are two exceptions:
Work Made for Hire
If the photo was taken by an employee within the scope of employment, or if it was commissioned as a work made for hire, then the employer or commissioning party owns the copyright.
Copyright Transfer
The photographer can transfer copyright to someone else through a written agreement. This transfer of ownership must be explicit and in writing.
Uploading to Facebook
Simply uploading a photo to Facebook does not transfer the copyright to Facebook. However, Facebook’s Terms of Service grant Facebook a license to use, distribute, and display photos uploaded by users.
Specifically, the Terms state:
When you share, post, or upload content that is covered by intellectual property rights (like photos or videos) on or in connection with our Products, you grant us a non-exclusive, transferable, sub-licensable, royalty-free, and worldwide license to host, use, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works of your content (consistent with your privacy and application settings).
This license allows Facebook to display and distribute the photo across its platforms. But it does not amount to a full transfer of copyright.
Facebook’s Rights
Under the Terms of Service, Facebook can:
- Host and display the photo on Facebook services
- Distribute and promote the photo on or off Facebook platforms
- Modify the photo, such as resizing or reformatting
- Use the photo in ads or sponsored content
However, Facebook cannot claim copyright ownership or sell the photo to third parties. Those rights remain with the original copyright holder.
Photographer’s Rights
The photographer retains the following rights:
- Copyright ownership
- Right to license the photo to other parties
- Right to sell or transfer copyright
- Right to pursue infringement if the photo is misused
The photographer should watermark or caption photos to make clear they retain copyright. The photographer can also request Facebook take down a photo at any time by filing a DMCA notice.
Usage on Facebook
Uploading a photo to Facebook grants Facebook broad usage rights under the Terms of Service. This allows Facebook to:
- Display the full-size photo in the user’s feed and profile
- Generate thumbnails and previews seen across Facebook
- Include the photo in promotional materials for Facebook features
- Use the photo in targeted ads to friends and connections
- Analyze the photo for facial recognition, objects, or places
Facebook’s license covers all present and future platforms, including Facebook, Instagram, Messenger, and any future acquisitions.
Public Setting
Photos set to “Public” can be shared by anyone on or off Facebook via links or embeds. They may appear:
- In friends’ News Feeds as shared content
- On external websites that obtain the public URL
- In Facebook analytics and ad targeting
Public photos have the broadest distribution. Friends, businesses, media, and other third parties can access and share them.
Friends or Private Setting
Photos shared with Friends or set to Private have narrower usage:
- Visible only to approved friends in feeds or profiles
- Not accessible through share links or embeds
- Can still be used by Facebook for internal purposes like ad targeting
Private settings limit visibility but do not override Facebook’s base usage rights.
Selling Photos on Facebook
Photographers can sell prints through Facebook Shops and Instagram Storefronts. All policies still apply:
- Copyright remains with the photographer
- Facebook receives a usage license based on privacy settings
- Print purchasers buy a physical product but do not receive copyright
Selling prints does not change how the photo can be used on Facebook itself. Photos remain subject to the standard Terms.
Resolving Copyright Disputes
If a photo is used in violation of copyright, photographers can:
File DMCA Takedown
A DMCA notice requests Facebook remove the infringing content. This is effective for taking down unauthorized shares or uses by other parties.
Direct Message the User
If a friend or connection re-shares the photo beyond the intended audience, message them asking to take it down. Most users will oblige if made aware.
Disable Sharing Settings
The account owner can disable sharing to restrict distribution to friends only or private. This prevents further public access.
Request Account Deletion
If all else fails, photographers can request deletion of the Facebook account to remove their photos from the platform. Note this will permanently delete the account and all of its content.
Conclusion
Sharing a photo to Facebook does not transfer copyright ownership away from the photographer. While Facebook gains a broad usage license, the original owner retains the core rights under copyright law. Photographers maintain control and can take action if a photo is improperly used or shared without permission. Proactively watermarking and captioning images can help prevent unauthorized usage.