With a simple Google search, you can reach various Facebook groups in which to post, on the platform itself, several dozen films and complete series. The author of these words found in less than three minutes “Goodfellas” by Scorsese, “A Bronx Story” by Robert de Niro, and the fourth season of the Japanese anime “Attack on Titan”.

Something striking because if these groups exist with, it seems, complete impunity for current Facebook users Remove posts and block pages to include only five seconds of copyrighted content in your videos.

A matter of deadlines

Faced with this duality, and questioned by Xataka in this regard, Facebook has remained silent and protected itself by doing its best efforts to protect author content with tools such as Right Manager and Audiable Magic, the notification program. and deletion and repeat offenders. All, it should be noted, quite passive and only effective if the copyright owner creates a library with its content on the social network itself so that the algorithms, by comparison, can detect the infringement.

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“A person who uploads a video with clips of movies or songs, their own and those of others, can claim the copyright of their video on Facebook. But, by default, if you don’t ask, this social network does not recognize them automatically. Once completed, it takes around 48 hours to be recognized, ”explains José Lozano, director of the Master in Community Manager at IEBS Business School, in Xataka.

The lack of Facebook initiative and the fact that Audiable Magic and Right Manager started operating in 2015 and 2016, respectively, explains that some of the content that was already on the platform is still active while currently uploaded videos have more restrictions, because in this the authors were able to register their works in the Facebook libraries.

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Another reason there is so much copyrighted content uploaded to Facebook is that your tools are not retroactiveTherefore, in the case of already published videos, it only intervenes if the authors of the works themselves denounce it. Otherwise, they stay on the platform with no problem.

“The big difference between YouTube and Facebook is that the latter is not retroactive, and that’s where the problem can be. Because there may be groups on Facebook that have been around for a long time with movies and series and the system does not detect them if the owners themselves do not look for them», Explains Victoriano Darias, director of the Master in Intellectual Property and Law of New Technologies at the International University of La Rioja (UNIR).

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The new European regulations

Despite the reactive nature of Facebook towards copyrighted content, their passivity could be even higher though a new EU copyright directive was not published in 2019 that will give platforms of this nature greater accountability for the protected content shared on them. Because, with current regulations, those responsible for copyright infringement are the users who download the videos, not the website that hosts them.


“The Directive on Electronic Commerce in the European Union approved in 2000, and still in force, did not impose a general obligation on digital service providers to monitor the data they transmit or store, nor to actively search for data. facts or circumstances that involve illegal activities. In other words, Online intermediation services such as Facebook were exempt from liability for the information they transmit, store or provide., unless a judge or the competent administration asks him to put an end to an infringement ”, explains Ricardo Oliva, lawyer expert in digital law and managing partner of Legal Algorithm.

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Now, however, with the new directive, Europe will demand much more responsibility from platforms like Facebook. Thus, article 17 of said regulation, 2019/790 of the European Parliament and of the Council on copyright and related rights in the digital single market, provides that “service providers, to share content online, carry out an act of communication to the public when offering users access to protected works for copyright ”.

In this way, the standard establishes their responsibility in this transmission of copyrighted content, states that to do so legally, they will have to obtain the permission of the owners in the form of a license and, if they do not do not obtain it or prevent its dissemination, ” will be responsible for acts of communication not authorized to the public »

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Unless the platforms demonstrate that they have made their best efforts to prevent the content from being available or have acted promptly when receiving a notification from the rights holders to deactivate access to the works or remove them from their websites . An exception that Facebook made sure to meet Right Manager and Audiable Magic.

The bare minimum to avoid penalties

Despite the fact that the Directive on Copyright in the Digital Single Market was approved in 2019, the draft of its proposal was presented to the European Commission in 2016 and work had been carried out on it several years ago. years. For what It’s no coincidence that around the same time, Facebook created Right Manager and started collaborating with Audiable Magic..

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“The directive obliges these platforms to provide solutions. They can’t risk seeing what it is when it’s published and how case law evolvesBecause then, overnight, your business model may not be viable. For years, they have been working, with a little reluctance and not at the speed desired by copyright owners, to give more protection to copyright owners, ”explains Darias.

And in similar terms Oliva expresses herself in this regard: “The legal services of companies such as Facebook they know this directive is coming, which is why they recently imposed more severe restrictions »

Thus, Facebook has been preparing for several years to meet the requirements of this new legislation, which must be transposed into Spanish regulations before June 7, 2021, the deadline for its measures to be effective in Spain. So if the social network it is not more active and energetic in protecting copyrighted content on its platform because it considers it unnecessary to comply with the law and does the bare minimum so as not to be penalized, assure some of the experts consulted by Xataka.

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” I believe that Facebook is not taking all possible measures. And it is not, because it is convenient for this content to be present, because its activity is to stay, and the longer you are, the more likely it is that an ad will appear. They say one thing publicly but then they do another, as they have done on numerous occasions, ”explains Enrique Aldaz, digital marketing expert at the Aby Group agency.

Lorena Blasco Arcas

For others, however, the reason for this disparity in criteria is more related to the complexity of the tracking process and inability of Facebook to manage all the material that has been uploaded to your platform.

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“The process of locating, requesting deletion, platform analysis of said request and, finally, deleting content protected by intellectual property rights published without authorization is complex and in many occasions slower than it is. would be desirable. But Neither Facebook nor the rights holders distinguish between certain content and othersthat is to say that some simply withdraw before others because the aforementioned process ends earlier ”, they specify from the Association for the Development of Intellectual Property (Adepi).

Finally, regional regulation must also be taken into account. European legislation will tighten its criteria for content protected by copyright on the Old Continent, but in other territories the rules are still lax and the permissiveness is greater. And because Facebook is a global network, anyone can access this content from less strict regions with copyright. ” The duality may also be due to differences in intellectual property regulations in different countries»Declares Lorena Blasco-Arcas, director of the Master in Marketing & Digital Media at ESCP Business School.

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Source : Engadget