Do I Need A Facebook Disclaimer?

Have you noticed your friends posting a disclaimer on Facebook saying it will protect their rights? Do you need one? Does it work? Post updated September 28, 2015.

Do I Need a Disclaimer?

If you want to control your intellectual property, think twice about what you post on social networking sites.

Hate to tell you that nothing you post on Facebook or any other social networking site will override or negate the terms and conditions you agree to each time you post on that particular site. It is important to read all the updates to the privacy policy and terms and conditions of each social networking site. I've written more in depth on the topic at this blog post.

While it sounds like a good idea to post something like this on Facebook:

Due to the fact that Facebook has chosen to involve software that will allow the theft of my personal information, I state: at this date of November 27, 2014, in response to the new guidelines of Facebook, pursuant to 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, video, texts etc.... published on my profile and my page. For commercial use of the foregoing my written consent is required at all times.

It actually does nothing to change what Facebook has the right to do. In fact, there is no "code of intellectual property" that I am aware of in the United States.

Think Twice Before You Post

If you want to control your intellectual property, think twice about what you post on social networking sites. The current Facebook policy as of January 30, 2015 allows the following in relationship to intellectual property:

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.

If you don't want Facebook to have the potential of using your IP, then don't post.

Feel free to contact me if your company needs assistance developing a social networking policy or a better understanding of the terms and conditions for the various social networking sites.

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Image CC2.0 Robert Couse-Baker