Memo Applicable Law On Copyright And Trademark (Facebook)

Memo applicable law on copyright and trademark (Facebook)

1. Facebook Statement of rights and responsibilities

When one creates a Facebook page, one accepts and undertakes to abide by Facebook Statement or rights and responsibilities.

Section 5 “Protecting Other People's Rights” of Facebook Statement of rights and responsibilities provides that:

“We respect other people's rights, and expect you to do the same.

1. You will not post content or take any action on Facebook that infringes or violates someone else's rights or otherwise violates the law.
2. We can remove any content or information you post on Facebook if we believe that it violates this Statement or our policies.
3. We provide you with tools to help you protect your intellectual

If we remove your content for infringing someone else's copyright, and you believe we removed it by mistake, we will provide you with an opportunity to appeal.
5. If you repeatedly infringe other people's intellectual property rights, we will disable your account when appropriate.
6. You will not use our copyrights or Trademarks or any confusingly similar marks, except as expressly permitted by our Brand Usage Guidelines or with our prior written permission.
7. If you collect information from users, you will: obtain their consent, make it clear you (and not Facebook) are the one collecting their information, and post a privacy policy explaining what information you collect and how you will use it.
8. You will not post anyone's identification documents or sensitive financial information on Facebook.
9. You will not tag users or send email invitations to non-users without their consent. Facebook offers social reporting tools to enable users to provide feedback about tagging.”

2. Applicable

The right to use the photograph can be free or paying, for a limited use (country, websites…) and for a limited period of time.
The conditions negotiated with the author/ beneficial owner/person on the picture to obtain his/her consent must be respected in order to avoid any copyright infringement.
b. Trademark
A trademark is a word, slogan, symbol or design (ex: brand name, logo, sign) that distinguishes the products or services offered by one person, group or company from another. To be protected the trademark must be registered in trademark offices.
Trademark is defined in articles L711-1 and followings of the French Intellectual Property Code.
To legally publish a trademark of a photograph on Facebook that represents, for instance, the restaurant or the hotel building with a visible protected trademark (sign or logo of the place), one must one must verify the existence of a protected trademark and if it is the case have the consent of the owner of the trademark. The right to use the trademark can be free or paying, for a limited use (country, websites…), and for a limited period of