Facebook Ban Over Copyright Infringement

[HolyFoo1]

Hello to whomever it may concern,

Due to a completely un-intentional copyright infringement from music in the background on a video from a business page I manage on Facebook, my personal acct was disabled for three days. 36 days later and I am still unable to log in my account. I've always ensured to include ALL copyright info (artist, song title, album, year, record label, and also said "I do not own rights to music", etc.) in the descriptions and posts to the videos I uploaded on the particular page. I also never intended to be malicious or cause harm. I've submitted appeals, filed forms, requests for assistance, and recently filed complaint w/ BBB. I still heard nothing from Facebook. They did reach out via BBB to say that "they were right in removing the business page" but disregarded anything about my personal account. BBB case has now closed and I have no idea how to regain access because I use FB for work and if I attempt to create a new account, they will immediately disable it. I need Facebook to work, and unfortunately, I also have been out of work for at least 30 days. I also use Facebook to contact family and friends and I'm grieving on this terrible mistake I made even though I swear it was never intentional to cause this storm. Is there any advice how I could handle this matter?

Thanks.

 

[Zigner]

Hello to whomever it may concern,

Due to a completely un-intentional copyright infringement from music in the background on a video from a business page I manage on Facebook, my personal acct was disabled for three days. 36 days later and I am still unable to log in my account. I've always ensured to include ALL copyright info (artist, song title, album, year, record label, and also said "I do not own rights to music", etc.) in the descriptions and posts to the videos I uploaded on the particular page. I also never intended to be malicious or cause harm. I've submitted appeals, filed forms, requests for assistance, and recently filed complaint w/ BBB. I still heard nothing from Facebook. They did reach out via BBB to say that "they were right in removing the business page" but disregarded anything about my personal account. BBB case has now closed and I have no idea how to regain access because I use FB for work and if I attempt to create a new account, they will immediately disable it. I need Facebook to work, and unfortunately, I also have been out of work for at least 30 days. I also use Facebook to contact family and friends and I'm grieving on this terrible mistake I made even though I swear it was never intentional to cause this storm. Is there any advice how I could handle this matter?

Thanks.

Keep trying to figure this out with Facebook. Remember, it's their sandbox so they can make the rules (and enforce them however they want.)

 

[PayrollHRGuy]

From your post it sounds like you have made a habit of violating copyrights.

I've always ensured to include ALL copyright info (artist, song title, album, year, record label, and also said "I do not own rights to music", etc.) in the descriptions and posts to the videos I uploaded on the particular page.

Just because you put that on there doesn't give you the right to post it.

I'm amazed though that Facebook responded at all to the BBB.

 

[quincy]

Hello to whomever it may concern,

Due to a completely un-intentional copyright infringement from music in the background on a video from a business page I manage on Facebook, my personal acct was disabled for three days. 36 days later and I am still unable to log in my account. I've always ensured to include ALL copyright info (artist, song title, album, year, record label, and also said "I do not own rights to music", etc.) in the descriptions and posts to the videos I uploaded on the particular page. I also never intended to be malicious or cause harm. I've submitted appeals, filed forms, requests for assistance, and recently filed complaint w/ BBB. I still heard nothing from Facebook. They did reach out via BBB to say that "they were right in removing the business page" but disregarded anything about my personal account. BBB case has now closed and I have no idea how to regain access because I use FB for work and if I attempt to create a new account, they will immediately disable it. I need Facebook to work, and unfortunately, I also have been out of work for at least 30 days. I also use Facebook to contact family and friends and I'm grieving on this terrible mistake I made even though I swear it was never intentional to cause this storm. Is there any advice how I could handle this matter?

Thanks.

What is the name of your state?

Attributing the source of the copyrighted material does not give you permission to use the copyrighted material. You need authorization from the author/holder of the copyright to publish rights-protected material - and you generally need to pay the author/copyright holder for the use (obtain a license to use it).

One notice of copyright infringement might be something Facebook will work with you on in reestablishing your account. It sounds from your post you have infringed more than once, however. You should probably look at other ways to conduct your business and contact friends and family.

If you receive a settlement demand letter from the copyright holder (or demand letters from several copyright holders), or if you are sued for infringement, you should seek out an IP attorney in your area for personal advice and direction. Good luck.

 

[HolyFoo1]

Thank you for your posts. First of all, I live in Upstate NY but I am aware the business is in California.

I want to clarify - yes, it was all my fault. I was really stupid. The videos I posted did include music in the background, yes, but I was completely unaware (or rather completely ignorant and clueless which I take full responsibility for) about the guidelines until I got disabled. I was not given any warnings prior to the temporary ban which became a full fledged ban. I would've deleted EVERTHING if I had the chance when warned. Hell, I already was planning to delete the business page as whole after the three day ban but unfortunately, it's too late, I guess.

I always posted copyright information to avoid any potential issues, the descriptions were identical from the ones I used in YouTube. And because YouTube didn't really have guidelines for doing so, I admit I stupidly thought the same for Facebook. Now I'm trying to figure out what I'm supposed to do from here because Facebook is critical and it looks like I may be permabanned over this truly unintentional mistake...I swear I would never have posted or uploaded any videos if I knew the guidelines. I regret it all but I accept responsibility for it. I just wish I knew what I could do to fix it all.

 

[quincy]

I want to clarify - the videos I posted did include music in the background, yes, but I was completely unaware (or rather completely ignorant and clueless which I take full responsibility for) about the guidelines until I got disabled. I was not given any warnings in ahead or message about copyright issues. I always posted copyright information to avoid any potential issues, the descriptions were identical from the ones I used in YouTube. And because YouTube didn't really have guidelines for doing so, I admit I stupidly thought the same for Facebook. Now I'm trying to figure out what I'm supposed to do from here because Facebook is critical and it looks like I may be permabanned over this truly unintentional mistake...I swear I would never have posted or uploaded any videos if I knew the guidelines. I regret it all.

I live in Upstate NY.

Thank you for providing your state name.

Unfortunately, ignorance of the law is not an excuse for violating the law.

Although ignorance can under some circumstances be a mitigating factor in an award of damages should a copyright holder sue for infringement, the Facebook terms and conditions clearly address intellectual property rights (copyright and trademark infringement). Every Facebook user is expected to have read and understood the conditions of use.

You can attempt to convince Facebook to reinstate your account. It is entirely up to Facebook whether to do so.

Again, if contacted by a copyright holder (or two or three), or the attorney representing the copyright holder, I recommend you contact an attorney of your own.

And look for another way to conduct your business.

Good luck.

 

[HolyFoo1]

Thank you for providing your state name.

Unfortunately, ignorance of the law is not an excuse for violating the law.

Although ignorance can under some circumstances be a mitigating factor in an award of damages should a copyright holder sue for infringement, the Facebook terms and conditions clearly address intellectual property rights (copyright and trademark infringement). Every Facebook user is expected to have read and understood the conditions of use.

You can attempt to convince Facebook to reinstate your account. It is entirely up to Facebook whether to do so.

Again, if contacted by a copyright holder (or two or three), or the attorney representing the copyright holder, I recommend you contact an attorney of your own.

And look for another way to conduct your business.

Good luck.

Yes, it definitely isn't an excuse. Even though I am pretty sure the majority of users have not read the guidelines, I acknowledge that this was entirely my fault for not doing so and and I am going to take full responsibility. I just wish I knew what I could do to resolve all this soon. Thank you for your advice.

 

[quincy]

Yes, it definitely isn't an excuse. Even though I am pretty sure the majority of users have not read the guidelines, I acknowledge that this was entirely my fault for not doing so and and I am going to take full responsibility. I just wish I knew what I could do to resolve all this soon. Thank you for your advice.

You're welcome, HolyFoo1. We appreciate the thanks.

Good luck.

 

[justalayman]

Yes, it definitely isn't an excuse. Even though I am pretty sure the majority of users have not read the guidelines, I acknowledge that this was entirely my fault for not doing so and and I am going to take full responsibility. I just wish I knew what I could do to resolve all this soon. Thank you for your advice.

I wouldn’t expect it to be resolved. Not only have you committed copyright infringement several times, it sounds like you’re still not “getting it”.

I always posted copyright information to avoid any potential issues, the descriptions were identical from the ones I used in YouTube.

it sounds like you believe attributing the work to the rights holder somehow makes a difference; it doesn’t. Using copyrighted works without permission is unlawful.

And because YouTube didn't really have guidelines for doing so, I admit I stupidly thought the same for Facebook.

. It sounds like you are also committing copyright violations on YouTube as well.

Now I'm trying to figure out what I'm supposed to do from here because Facebook is critical and it looks like I may be permabanned over this truly unintentional mistake...I swear I would never have posted or uploaded any videos if I knew the guidelines.

it’s not a matter of guidelines. It’s a matter of breaking the law by unlawfully using the works of others. There are no guidelines that ever allow that...anywhere

I regret it all but I accept responsibility for it. I just wish I knew what I could do to fix it all.

you can’t unring a bell. Once you’ve committed the unlawful act of using another’s copyrighted work without permission, the damage is done.

What it sounds like you need to do before you get yourself into some serious legal problems (may be too late already) is learn about copyrights and what you are actually doing wrong. That way you can stop breaking the law and operate your business in a lawful proper manner.

Quincy has been known to go to considerable lengths to educate people on copyright law (not the only one here but definately one of the most knowledgeable and regular posters regarding copyright law). Usually all it takes is asking.

 

[quincy]

... Quincy has been known to go to considerable lengths to educate people on copyright law (not the only one here but definately one of the most knowledgeable and regular posters regarding copyright law). Usually all it takes is asking.

On this forum, many of us do a pretty good job of educating posters on copyright laws but copyright laws can be complex, the laws are widely misunderstood and, unfortunately, the education we provide frequently comes a bit too late - after a poster has already infringed.

Following is a link to Facebook's Terms of Service, where HolyFoo1 can read what he agreed to when joining the Facebook site. He especially should read Number 5, Protecting Other People's Rights, point number 5.

https://m.facebook.com/terms.php

I agree with HolyFoo1 that most people fail to read the terms and conditions of websites just as they fail to read the terms of the contracts they sign. Although reading terms can be time-consuming, and the conditions of use can be confusing (especially when written in legalese), NOT reading and fully understanding what they are agreeing to before agreeing can be a big and sometimes costly mistake.

With luck, the copyright holders whose works have been infringed will be satisfied with the removal of their material from its unauthorized place online and not demand compensation from HolyFoo1.

 

[FlyingRon]

Facebook's circus, Facebook's monkeys. Facebook is free to kick you off for infringments regardless of intent. If you've already made your appeal to facebook, my only suggestion is you let some time pass and try again.

Some proivders will drop you even faster than Facebook over infringement issues.

 

[Zigner]

I wouldn’t expect it to be resolved.

Well, to be accurate, it already has been resolved. The resolution is just not in the OP's favor.

 

[HolyFoo1]

I wouldn’t expect it to be resolved. Not only have you committed copyright infringement several times, it sounds like you’re still not “getting it”.

Apologies if my posts were written in a way or not clarified enough to make you think I'm not getting it. But I do, especially after reading through the guidelines and all of your advice & commentaries (which I very much appreciate). I now completely comprehend the severity of the situation and am going to take full responsibility for not reading the guidelines & violating the copyright material several times. When I say "resolving the situation", what I meant was to fix everything by doing what would be right for the parties involved in this situation but I'm not sure how exactly to do that.

With the fallout from Facebook, I went to check on YouTube, and from what I can understand, they are fine as long as the copyright holder get to monetize from my videos.

 

[Zigner]

Apologies if my posts were written in a way or not clarified enough to make you think I'm not getting it. But I do, especially after reading through the guidelines and all of your advice & commentaries (which I very much appreciate). I now completely comprehend the severity of the situation and am going to take full responsibility for not reading the guidelines & violating the copyright material several times. When I say "resolving the situation", what I meant was to fix everything by doing what would be right for the parties involved in this situation but I'm not sure how exactly to do that.

With the fallout from Facebook, I went to check on YouTube, and from what I can understand, they are fine as long as the copyright holder get to monetize from my videos.

You really don't get it. Whether or not the copyright holder gets paid is NOT what determines if you are allowed to use the material (according to copyright law.)

 

[HolyFoo1]

You really don't get it. Whether or not the copyright holder gets paid is NOT what determines if you are allowed to use the material (according to copyright law.)

I'm aware of that. In no way any of the music I uploaded with the videos were permitted to use. I was just stating what I understood from reading the guidelines on YouTube. That's all.