Rumors began circulating earlier this week that Facebook users could protect their rights in the intellectual property they posted on the website through a simple wall post. The rumors weren’t even new, apparently. But that didn’t stop Facebook users from reposting the purported “declaration” in an attempt to establish ownership in the data that they posted online. One such wall post states: “In response to the new Facebook guidelines I hereby declare that my copyright is attached to all of my personal details, illustrations, paintings, writing, publications, photos, and videos, etc….” The post encourages others to copy and paste it on their own walls, too. Unfortunately, it’s just a hoax. Facebook even issued a statement addressing the issue on its website:

There is a rumor circulating that Facebook is making a change related to ownership of users’ information or the content they post to the site. This is false. Anyone who uses Facebook owns and controls the content and information they post, as stated in our terms. They control how that content and information is shared. That is our policy, and it always has been.

A spokesman for Facebook confirmed that it does not own the information you post on its website. “We have noticed some statements that suggest otherwise and we wanted to take a moment to remind you of the facts – when you post things like photos to Facebook, we do not own them.” Facebook confirms this in its Statement of Rights and Responsibilities. “You own all of the content and information you post on Facebook….” Moreover, a Facebook user cannot unilaterally alter the site’s terms of use that each user agrees to when they create an account by simply declaring something to the contrary.

But it doesn’t end there. Every user grants Facebook a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that he or she posts on or in connection with Facebook. So while you may own your content, Facebook may have the right do whatever it wants with it, subject to your specific privacy and application settings.

For more information, please visit our social media law service page.

Klemchuk LLP is an Intellectual Property (IP), Technology, Internet, and Business law firm located in Dallas, TX.  The firm offers comprehensive legal services including litigation and enforcement of all forms of IP as well as registration and licensing of patents, trademarks, trade dress, and copyrights.  The firm also provides a wide range of technology, Internet, e-commerce, and business services including business planning, formation, and financing, mergers and acquisitions, business litigation, data privacy, and domain name dispute resolution.  Additional information about the IP law firm and its IP law attorneys may be found at www.klemchuk.com.

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