The easiest way to file a DMCA takedown notice on Facebook is to contact a DMCA agent by filling out this online form. But before you send out a DMCA takedown notice on Facebook, you should know that when you complete the form, you begin a legal process. Meaning if the takedown notice is fraudulent, you may face civil action, incarceration, or account deletion.
- Facebook may takedown infringing content before sending a notice.
- If you receive a DMCA takedown notice, you may file a counter notice.
- If the intellectual property owner does not take civil action within 14 days after sending the takedown notice. Facebook may restore the content.
- It is good practice to get written permission before using someone else’s intellectual property.
- Altering CMI (copyright management information) is a punishable offense in the US.
- Fair use and fair dealing exceptions apply to Facebook content.
Does DMCA Apply to Facebook?
Yes. According to Meta, the company that owns Facebook. Facebook’s copyright infringement policy is compliant with section 512c of the DMCA act. What is the DMCA act? The DMCA act provides a cost-free alternative to litigation that you may use to remove intellectual property you own if the copyrighted material is posted on someone else’s profile or Facebook account. Under the act, to initiate the takedown process you must send a DMCA notice to Facebook or directly to the infringing party.
how do you get Around a DMCA Takedown on Facebook?
You have two options. (1) you may decide to use Facebook’s copyright infringement internal reporting system. (2) write and send a DMCA takedown notice directly to the infringing party. The question is, how do you write a DMCA takedown notice on Facebook?
Section 512c of the DMCA act requires all DMCA notices to contain five elements:
- Your full names and physical or digital signature.
- The notice must identify the infringed copyrighted work, infringing activity, and location of the infringing activity (URL/link).
- Your contact information, including your email address.
- A statement notifying the infringing party/ISP that you have a good faith belief that the use of the material was not authorized by you or the copyright owner.
- A statement that the information in the notice is accurate and authorized by you or the copyright owner.
The form linked above contains all the sections listed. Once you complete it, Facebook will notify the infringing party. Remember that the infringing party has the option to file a counter-notice. Also, the use of copyrighted material on Facebook is protected by fair use or fair dealing exceptions.
In short, to file a DMCA takedown notice on Facebook, you may fill out the form linked above, or you may contact a designated DMCA agent here. Another option is to contact the infringing party directly through Facebook messages or send them a notice that complies with section 512 of the DMCA act.
What Happens When you Send a DMCA Takedown Notice on Facebook?
Once Facebook receives your notice, the company may take down the content before informing the infringing party. Although rare, the copyright owner may decide to take civil action. If you want to take this route, you should
- Contact an attorney and consider the alternatives before you take civil action.
- Gather evidence of the infringing activity and location.
What are the Alternatives to DMCA Takedown Notice and Civil Action?
You may write a demand letter that lays out the infringing activity and your willingness to settle out of court. To increase the odds that the other party will take the letter seriously. We suggest that you send the letter through a law firm.
A demand letter should be short, to the point, and it should contain a demand for fair compensation.
What to do if you Receive a DMCA Takedown Notice on Facebook?
As mentioned, if Facebook receives a valid DMCA takedown notice, it may take down the content without informing you. But what if the takedown notice contains false information? Or what if it was delivered in bad faith?
The DMCA act allows you to file a counter-notification within fourteen days. If the copyright owner does not take civil action within fourteen days after sending the notification. Facebook may restore the content if it does not violate the platform’s terms of service.
Facebook’s “Repeat Infringer” Policy
According to Facebook, if you receive more than one takedown notice, the company may limit some profile features and disable your account or page.
What to remember:
- Fair use exceptions in the US apply to satire, commentary, and news reports.
- Getting written permission from the copyright owner may help you avoid civil action.
- You may face civil action even if you credit the copyright owner.
- Facebook deletes infringing content before sending the notification.
- If you send a DMCA takedown notice on Facebook, you have 14 days to file a lawsuit, or Facebook may restore the content.
- You may appeal a takedown notice by filing a counter-notice.
- Completing Facebook’s DMCA takedown form is cheaper and faster than taking civil action.
- If you take civil action against someone who resides in a different country, the authorities in the individual’s country may be unwilling to cooperate with the laws of your country.
How to file a DMCA Takedown Notice on Facebook: steps
- Gather evidence of the infringing activity and location (save URL and screenshots of the infringing activity.
- Go to the Facebook Copyright Form page
- On the copyright page, select the issue, and leave your name, contact information, statements, and signature.
Can you go to Jail for Copyright Infringement on Facebook?
It depends on the laws in your land. For example, in the US it is unlawful to alter copyright management information (CMI). Why?
Under the DMCA act section 1202, removing copyright information from someone else’s work or distributing the work with false copyright information is unlawful. CMI refers to information including the creator’s name, conditions for use of the work, identifying numbers, ISBN, and identifying symbols.
Anyone who violates section 1202 of the DMCA act may have to pay statutory damages between $2500 and $25000 per violation. On top of that, the court may order the individual to pay the copyright owner’s legal fees.
How to Avoid DMCA Takedown Notices and Civil Action on Facebook
- Do not intentionally remove or alter CMI from someone else’s intellectual property.
- Seek written permission before using someone else’s work for profit.
- Attribute the copyright owner.
- Transform content into satire, commentary, or by following fair use practices, do not copy directly.
- Learn how to use the appeal form (will help you when dealing with trolls).