NSW Facebook rejecting my copyright take down request

[Anonymous1]

Hi.... I created a compilation video using clips from my friends instagram account. (All clips are hers and I used them with her full permission) and uploaded my creation to my facebook page and I later noticed that someone had stolen it, placed their watermark on it and uploaded it to YouTube twitter and their facebook page. I reported them and they all got taken down except the one on his facebook page. For some ridiculous reason facebook keeps rejecting my reports! (Yes I have filled out the copyright form correctly and it's not my first time using it) They first send a confirmation email then they send another email asking me for an explanation as to how it is infringing my rights. I've explained it in many ways with documentation but no matter what I say their response is something like "based on the information provided and the context of your report we don't see how it is infringing your rights so for this reason we cannot help you." I know I can just get my friend to report it for me since they are all her videos but it's the principle and by law I shouldn't have to since I had full permission to use and edit and create a new piece of work right? I've also tried everything- CC'ing her in the email replies, I've forwarded emails to them showing that I had permission, sent screenshots of my conversations with her from instagram and even had her email them to let them know that she's given me the rights to use edit her videos along with telling them that she's given me full ownership rights to the video but they simply reject it all and or their replies are automated and irrelevant. Is there anything else I can do to force them to take it down other than taking legal action/court? I've tried looking up the host for facebook and they own that too! What's killing me is that MY video is going viral on their page with millions of views and shares and their page likes have gone through the roof! It's been months and months of me trying to get this video down Any help or advice will be really appreciated. P.s I've message the page I've sent emails to them I've left comments and a review but these guys don't even engage they just steal videos put their watermarks on them and upload them

 

[Yaksha500]

keep doing it keep reporting

 

[Scruff]

In short, you need to delete YOUR video from YOUR Facebook account to sever the contract you have with Facebook which allows them to transfer IP licences to others. Read the following very carefully and note the word "transferable".

Quoted from: Breaking down the Facebook copyright post that went viral - TMT | MinterEllison

When you sign up to Facebook, you accept the terms contained in its Statement of Rights and Responsibilities. If you don't accept the terms, you simply don't not get an account. If you do accept the terms, you have a contract with Facebook. What you've agreed to under that contract, in relation to Facebook's use of your content, can be found in section 2.1:

For content that is covered by intellectual property rights, like photos and videos (IP content), you specifically give us the following permission, subject to your privacy and application settings: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with Facebook (IP License). This IP Licence ends when you delete your IP content or your account unless your content has been shared with others, and they have not deleted it. [emphasis added]

The buzz words here are transferrable, sub-licensable and royalty-free. What this means is that when you sign up, you give Facebook the right to use any of the content that you post at any time throughout the world, as well as giving it the right to allow others to use that information for free and without any further consent from you. Unfortunately, unless you can renegotiate your contract with Facebook (which is extremely unlikely), the only way to stop Facebook from using your content is not to put it up there.

The above was posted in 2012. The current wording in Facebook's terms is as follows: (Terms of Service)

Specifically, when you share, post or upload content that is covered by intellectual property rights on or in connection with our Products, you grant us a non-exclusive, transferable, sub-licensable, royalty-free and worldwide licence to host, use, distribute, modify, run, copy, publicly perform or display, translate and create derivative works of your content (consistent with your privacy and application settings). This means, for example, that if you share a photo on Facebook, you give us permission to store, copy and share it with others (again, consistent with your settings) such as service providers that support our service or other Facebook Products you use. This licence will end when your content is deleted from our systems.