Debunking the Meaningless Facebook Copyright Status

The social media web site, which launched in 2004 just across the river at Harvard, has over one billion active users. | Promotional photo courtesy of Facebook.com

Another day, another status update gone viral. The most recent panic has incited quite a collection of intangible legal jargon. Here’s the truth, in case you haven’t heard it by now: it’s a total hoax.

Here is the status spamming Facebook walls everywhere, although there have been slight variations:

“In response to the new Facebook guidelines, I hereby declare that my copyright is attached to all of my personal details, illustrations, graphics, comics, paintings, photos and videos, etc. (as a result of the Berner Convention). For commercial use of the above, my written consent is needed at all times!

(Anyone reading this can copy this text and paste it on their Facebook Wall. This will place them under protection of copyright laws.) By the present communiqué, I notify Facebook that it is strictly forbidden to disclose, copy, distribute, disseminate, or take any other action against me on the basis of this profile and/or its contents. The aforementioned prohibited actions also apply to employees, students, agents and/or any staff under Facebook’s direction or control. The content of this profile is private and confidential information. The violation of my privacy is punished by law (UCC 1 1-308-308 1-103 and the Rome Statute).

Facebook is now an open capital entity. All members are recommended to publish a notice like this; or, if you prefer, you may copy and paste this version. If you do not publish a statement at least once, you will be tacitly allowing the use of elements such as your photos as well as the information contained in your profile status updates…”

This paranoia was caused by an email from Facebook titled “Updates to Data Use Policy and Statement of Rights and Responsibilities.” The facts within this email are simple and, based on the massive amount of these scam status updates in response, their true meaning is little known.

First, Facebook’s updated policy, referred to in the email, will allow the company to obtain data about you “from [their] affiliates or [their] advertising partners to improve the quality of ads.” These third-party affiliates (websites you sign up or register for) presumably already have your permission to use information.  This basically has to do with the already personalized sidebar ads on Facebook. You can easily ignore them and continue with your creeping.

Second, Facebook will no longer use voting to determine policy change. This is not because they are evil and against democracy. The system, which began in 2009, requires one third of all Facebook users to vote in order for the votes to be considered valid. Facebook simply does not receive nearly enough votes for this to be an effective tool.

Lastly, users had until 9 a.m. on Wednesday, November 28, to vote on these and other changes, which are all outlined in the email.

Users who posted the above status seemed to either not read the aforementioned email or not believe it, citing old laws, using fancy-looking words, and promoting panic.

Let’s break it down and see just how meaningless this status really is:

“In response to the new Facebook guidelines, I hereby declare that my copyright is attached to all of my personal details, illustrations, graphics, comics, paintings, photos and videos, etc. (as a result of the Berner Convention). For commercial use of the above my written consent is needed at all times!”

Was the list really necessary? An illustration, graphic, comic, painting, photo, clip-art, collage, selfie, mural, portrait, postcard, or what-have-you will all likely be uploaded in the same one or two formats. This is the internet.

Also, the “Berner Convention” is a reference to the Berne Convention, which dates back to 1886 and is an international agreement governing copyright. Yes, copyright policies exist, but users are bound to the Terms and Agreements they consented to when they joined Facebook.

“(Anyone reading this can copy this text and paste it on their Facebook Wall. This will place them under protection of copyright laws.)”

Every time you post something on Facebook, it is automatically protected by copyright laws. Facebook, however, has been granted permission to use and display what you post. Additionally, you had agreed that anyone you allow to view your content via your Privacy Settings has the ability to do with it what they’d like. This is in the Statement of Rights and Responsibilities. I hope none of you are planning on becoming lawyers.

“By the present communiqué, I notify Facebook that it is strictly forbidden to disclose, copy, distribute, disseminate, or take any other action against me on the basis of this profile and/or its contents. The aforementioned prohibited actions also apply to employees, students, agents and/or any staff under Facebook’s direction or control. The content of this profile is private and confidential information. The violation of my privacy is punished by law (UCC 1 1-308-308 1-103 and the Rome Statute).”

No matter how sophisticated you try to make the word “announcement” sound, Facebook doesn’t care what status you post to your 500 friends unless it is offensive or flagged. Also, “distribute” and “disseminate” are basically the same word. You’re trying too hard here.

Rumor-buster Snopes.com notes that citing the Uniform Commercial Code (UCC Section 1-308, as above) “has long been popular among conspiracy buffs who [incorrectly] maintain that citing it above your signature on an instrument will confer upon you the ability to invoke extraordinary legal rights.” No, there is no secret code you can cite that will make you any different from any other Facebook user. Sorry.

“Facebook is now an open capital entity. All members are recommended to publish a notice like this, or if you prefer, you may copy and paste this version. If you do not publish a statement at least once, you will be tacitly allowing the use of elements such as your photos as well as the information contained in your profile status updates…”

The term “open capital entity” doesn’t even exist. Sure, post the status – the only thing you will be “tacitly allowing” is for all your friends to silently judge you for being gullible. Do you even know who the mysterious person telling you that “all members are recommended to publish a notice like this” is?

Facebook is a corporation. It wants you to continue to use its services. There is not going to be some secret code you must post in order to change your settings or keep your rights. This is reminiscent of the “repost or Facebook will deactivate your account because they have reached capacity” scare. Come on, people.

Moral of the story: learn your rights and review your privacy settings. If you feel that you’ve been wronged in some way, contacting Facebook itself is much more productive than posting a status.

About Emily Payne

Emily is The Quad's Managing Editor. Hailing from the smallest state, she loves the outdoors, photography, indie rock, biking, and all things Irish or organic. She has an addiction to running and can laugh about basically anything. Follow her @erpayne.

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