Are Facebook Copyright Proclamations Necessary?

by J. Jackson Waste, Attorney, Baker, Manock and Jensen, Fresno, CA

You've probably seen and perhaps re-posted the latest copyright protection announcement currently making the rounds on Facebook:

Due to the fact that Facebook has chosen to involve software that will allow the theft of my personal information, I do declare the following: On this day, 30th of January 2015, in response to the new Facebook guidelines and under articles L.111, 112 and 113 of the code of intellectual property, I declare that my rights are attached to all my personal data, drawings, paintings, photos, texts etc... published on my profile. For commercial use of the foregoing my written consent is required at all times. Those reading this text can copy it and paste it on their Facebook wall. This will allow them to place themselves under the protection of copyright. By this release, I tell Facebook that it is strictly forbidden to disclose, copy, distribute, broadcast, or to take any other action against me on the basis of this profile and/or its contents. The actions mentioned above apply equally to employees, students, agents and/or other staff under the direction of Facebook.

This statement is pure hogwash. Don't waste a minute of your time posting it on your Facebook page. 

Most of the law cited in the provision is completely inapplicable.  The "Code of Intellectual Property" appears to be a set of French statutes, and the Rome Statute is the treaty which established the International Criminal Court and which has nothing whatsoever to do with your Facebook pictures. You continue to own your intellectual property, but the act of posting your pictures on Facebook grants Facebook a license to use those photos.

Facebook's terms and conditions - that text-filled screen where you probably clicked "agree" without reading when you made your Facebook account - is the agreement that governs your interactions with Facebook.  This cannot be altered by posting a proclamation on your wall.  Facebook's "Statement of Rights and Responsibilities" provides as follows:

For content that is covered by intellectual property rights, like photos and videos (IP content), you specifically give us the following permission, subject to your privacy and application settings: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with Facebook (IP License). This IP License ends when you delete your IP content or your account unless your content has been shared with others, and they have not deleted it.[1]

In other words, by posting a photo to Facebook, you agree, in effect, that they have a license to use that photo for as long as that photo remains on Facebook.  This agreement cannot be changed by posting any magic words about copyright ownership. 

So you can feel free to ignore the last portion of the scurrilous copyright notice, which ominously claims that "if you have not published this statement at least once, you will tacitly allow the use of elements such as your photos as well as the information contained in your profile update."  This is about as serious as an old AOL chain letter promising ten years of bad luck if you don't forward to twenty people. 

If you want to protect your intellectual property online, the best bet is to consult with an attorney who can help you develop a coherent, legally effective strategy for protecting your online art in the digital age.