Is It Legal to Post Downloaded Pictures on Your Facebook Profile?

As an individual who does not stand to profit directly from the use of such an image, you might have an argument for fair use, freedom of speech, and reuse for personal expression, often referred to as art. However, before you decide to post pictures you download from online newspapers on your Facebook profile, it's crucial to understand the potential legal implications and your rights under copyright law.

Disclaimer: I am not a lawyer, so this information does not constitute legal advice. Additionally, while I am a Facebook employee, this post represents my personal opinion and does not reflect the official Facebook position on intellectual property and copyright rights.

The Short Answer: Most Likely Not Legal

The short answer to whether it is legal to post pictures you download from online newspapers on your Facebook profile is most likely not legal. This conclusion depends on the licensing terms of the picture and the specific fair use laws in your locality. If the picture is an original work for which the newspaper owns the copyright, it is likely prohibited under the terms of use of the newspaper website. Most newspaper websites prohibit the reuse or redistribution of their content without explicit written consent. If the picture is not an original work for which the newspaper owns the copyright but was licensed from a third party, the licensing terms of the third party will govern the usage. Such third parties typically include big companies like AP, Getty Images, or individual professional photographers. In any case, the newspaper would have a credit byline under the picture, indicating the source.

The Longer Answer

The long answer is more nuanced. If you plan to use the picture for business purposes, as part of an ad/sponsored post, or on a business page, you must ensure you have the right license from the copyright owner. Failure to do so could result in legal recourse from the copyright holder. If your intent is to use the picture for personal purposes, the legality depends on the context in which you use it and whether such usage constitutes fair use.

The Risks

Using a picture without proper permissions can be very costly, especially if the copyright holder decides to take legal action against you. As a content provider, you could face fines, legal fees, and damage to your reputation. Therefore, my personal advice is to err on the side of caution and not post the picture. Instead, consider sharing a link to the picture. Some content providers argue that even linking to their content requires written permission, but this position is still controversial and has not been tested in court yet.

It is always preferable to obtain the proper permissions for any content you want to use, whether for personal or professional use. This ensures that you avoid potential legal issues and maintains a positive relationship with the copyright holder.