Developer Copyright Policy
Last revision date: July 23, 2007
INSTRUCTIONS FOR APPLICATIONS THAT PERMIT FILE SHARING.
Lots of legitimate applications permit people to share content with other people, and we're all about letting developers create the best, most innovative applications for users. At the same time however, developers need to make sure that their applications are not being used for improper or unauthorized purposes. Therefore, if your application permits users to download, view, listen to or otherwise access third party content provided by other users, in order to help protect yourself and your users, we need you to take the following steps:
1. Post and implement a copyright policy that complies with the Digital Millenium Copyright Act;
2. Register an agent for notices of copyright infringements with the U.S. Copyright Office; and
3. Include the following statement on any page of your application (or other interface, such as a form in a profile box) through which users can upload or otherwise make third party content available:
"By making any content available through this application, you represent and warrant that you own all rights necessary to properly do so."
More details about each of these steps are provided below.
I. COPYRIGHT POLICY
We have a policy for applications that allow sharing of third party content. This policy is part of our Developer Terms of Service. Here's our policy.
You have to have your own copyright policy. A copyright policy acceptable to us can be found here. You should fill out this policy and post it (or another policy we approve in writing) on a page of your application. After you post it, you must include a link to the policy (with a name like "Report Infringing Content") on each page of your application or other feature (such as a profile box) through which users can view, hear or otherwise access third party content.
Your copyright policy requires you to do some things. For example, some of the highlights are: (A) you commit to blocking access to infringing content promptly (within no more than 48 hours) after you receive a notice of infringement that has all of the information described in the policy; (B) if you receive a notice of infringement that doesn't have all of that information, you promptly contact the person who submitted the notice to try to get the missing information; (C) if any users of your application turn out to be repeat infringers, you will terminate their access to your application.
You should read the entire policy carefully to make sure you understand what you're committing to do. If you don't think you can comply with the terms of the policy, you should not launch your application until you can do so, because if you can't, we may have no choice but to suspend your access to Facebook Platform, and we don't want you to waste your time.
II. REGISTERING AN AGENT WITH THE U.S. COPYRIGHT OFFICE
Our policy requires that you have a "designated agent" for copyright complaints. As described in the Digital Millenium Copyright Act, you must register a designated agent to receive notices of claimed infringement with the U.S. Copyright Office. Fortunately, this isn't hard to do. Basically, all you have to do is fill out the form located here: http://www.copyright.gov/onlinesp/agent.pdf, and mail it (along with a check made out to "Register of Copyrights") to the following address: Copyright GC/I&R, P.O. Box 70400, Washington, DC 20024. You can either fill out the form online and print it out, or else print out the blank form and fill it in by hand.
III. REPRESENTATION
To make sure that users know what is expected of them when they're using your application, you need to notify them that they should not be making any content available that they don't have the rights for. Therefore our policy requires you to post the statement above ("By making any content available through this application, you represent and warrant that you own all rights necessary to properly do so.") on any page or other interface of your application through which users can upload third party content, provide links to third party content, or otherwise make third party content available through your application. "Content", in this context, includes any music, video, graphic, text or other content.
Please note that these requirements are in addition to the all of the requirements in our Developer Terms of Service. If anything on this page conflicts with anything in the Developer Terms of Service, the Developer Terms of Service will control, so please read them carefully.
NOTE: THE STEPS DESCRIBED ABOVE ARE CONDITIONS OF FACEBOOK GIVING YOU ACCESS TO FACEBOOK PLATFORM ONLY, AND FACEBOOK RESERVES THE RIGHT TO MODIFY THESE CONDITIONS AT ANY TIME IN OUR SOLE DISCRETION. FACEBOOK IS NOT PROVIDING LEGAL ADVICE TO YOU, AND FACEBOOK DOES NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR POSTING, IMPLEMENTING OR COMPLYING WITH ANY SAMPLE POLICY WE MAKE AVAILABLE OR ANY OTHER COPYRIGHT POLICY WILL PROTECT YOU FROM LIABILITY OR BRING YOU INTO COMPLIANCE WITH APPLICABLE LAWS. YOU ARE SOLELY RESPONSIBLE AND LIABLE FOR COMPLYING WITH ALL APPLICABLE LAWS, INCLUDING COPYRIGHT LAWS, IN CONNECTION WITH YOUR APPLICATION, AND WE ENCOURAGE YOU TO OBTAIN INDEPENDENT LEGAL COUNSEL.