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How to Deal with Facebook Copyright Problems

Dealing with unauthorized use of your online store’s images on Facebook can be frustrating, especially when faced with ambiguous responses from the social media giant. This guide will walk you through the steps to assert your copyright and overcome the hurdles posed by Facebook’s support.

Understanding the Presumption of Authorship Rule

Know Your Rights

Facebook often challenges your claim of ownership, citing lack of clarity. Familiarize yourself with the Berne Convention Article 15, establishing a presumption of authorship when your name appears on the work.

Burden of Proof Reversed

The burden of proof lies with Facebook to demonstrate you are not the author. Leverage this legal standpoint to reinforce your ownership claim.

Utilizing the DMCAAct

Act Expeditiously Under DMCAAct

Facebook must act promptly under the Digital Millennium Copyright Act (DMCAAct). Understand their liability and how you can use this to your advantage.

Asserting Your Rights

If Facebook fails to act expeditiously, they may be held liable. Assert your rights confidently, referencing the DMCAAct’s provisions.

Real-Life Examples and Legal Action

Valve Corporation Case

Explore a case with Valve Corporation, where legal threats were necessary to establish copyright ownership. Understand the implications and potential outcomes.

Seeking Legal Advice

Consider seeking legal advice for your specific case. While not directly advocating legal action against Facebook, it’s an option worth exploring.

Dealing with Facebook’s Game

Responding to Pushback

Respond effectively to Facebook’s pushback. Declare compliance with the DMCA takedown and highlight their legal obligation.

Playing the Legal Card

Warn Facebook of potential legal action for statutory damages if they continue to obstruct the takedown process.

Providing Detailed Information

Proving Ownership

Offer comprehensive details about your photos, including the camera used, date, time, and location. This helps strengthen your ownership claim.

Registering Photos with Copyright Office

Fast-track the resolution by registering your photos with the US Copyright Office. Use the registration certificate to address Facebook’s requests for additional information.

Navigating Trademarked Products

Consideration of Trademarks

If your photos involve trademarked products, additional complications may arise. Contact the trademark owner and be prepared for potential hurdles in the takedown process.

Legal Involvement

Facebook’s obstructive tendencies may necessitate legal involvement. Explore this option, but ensure your images are registered with the US Copyright Office.

Conclusion

Navigating Facebook’s copyright maze can be challenging, but armed with legal knowledge and persistence, you can protect your online store’s assets. Remember, asserting your rights confidently is key to overcoming Facebook’s resistance.

Frequently Asked Questions

  1. Q: Can I take legal action against Facebook for obstructing the takedown process?
    • A: While it’s an option, legal action should be considered carefully. Seek advice from a qualified lawyer to understand the implications.
  2. Q: What information should I provide to prove ownership of my photos?
    • A: Details such as the camera used, date, time, and location of photo capture can strengthen your ownership claim.
  3. Q: Is registering photos with the US Copyright Office necessary for international users?
    • A: Yes, even if you’re not in the USA, registering photos with the US Copyright Office can expedite the resolution process.
  4. Q: How do I respond to Facebook’s pushback during the takedown process?
    • A: Clearly state compliance with the DMCA takedown and emphasize Facebook’s legal obligation to remove infringing content.
  5. Q: What if my photos involve trademarked products?
    • A: Contact the trademark owner and be prepared for potential complications in the takedown process.
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