Meta Platforms Hit with Class Action Over Alleged ‘Epidemic’ of Copyright Infringement on Facebook

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An independent Florida artist alleges Meta Platforms has let copyright infringement run rampant on Facebook to boost the platform’s ad revenue.

The 66-page proposed class action claims that Facebook publishes and displays millions of copyright-infringing images each day, amid a problem on the social media site that’s been described by some as an “epidemic.” The suit alleges that although Facebook poses as a service to connect people online, the social media platform is “simply the means to the end,” and exists to make money through advertisements. 

According to the plaintiff, Facebook infringes on copyrights, and “facilitates, enables, and simplifies copyright infringement by others,” to “pad its bottom line.” The suit scathes that Facebook’s alleged exploitation of small business owners and struggling artists is harmful to their survival and the creativity the federal Copyright Act is designed to protect and encourage. 

“Facebook makes money every time it is able to trick one of its users into clicking on a scam advertisement,” the case alleges. “This is to the direct detriment of the owners of the images and the creators and owners of the unlawfully advertised products or pieces of art.” 

Despite Facebook’s monumental growth since its creation, the platform has lacked any significant uptick in “advertisement policing,” a “more robust” takedown program in line with the Digital Millennium Copyright Act (DMCA), or reasonable protections of creators’ intellectual property rights, the filing says. According to the suit, this is intentional because “a substantial percentage of Facebook’s ad revenue comes from advertisements related to counterfeit scams.” 

The lawsuit goes on to allege that Facebook has become “one of the largest breeding grounds” for foreign e-commerce scams, which, per the suit, generally involve third-party counterfeiters who steal images of unique artworks or products directly from a business owner’s website or social media accounts. Those images are then used by the counterfeiters to sell products on Facebook, often at heavily discounted prices, the case says. 

“This directly infringes on the exclusive rights held by the owners and creators of the works (‘Creators’) and unfairly competes with the legitimate business owners,” the suit contends. 

The plaintiff alleges that “[i]n typical Facebook fashion,” the platform has denied responsibility for the prevalence of e-commerce scams while claiming to be “proactively” removing potential counterfeit or copyright-infringing content before it’s reported by creators. 

“Facebook is not proactive in the fight against copyright infringement on its site, it is to blame for the problem,” the plaintiff contends. 

Per the suit, the DMCA is intended to be a “safe harbor” for online service providers, such as Facebook, and content creators to have their intellectual property removed should it be used without authorization. In order to be protected by the DMCA, however, an online service provider cannot have a role in posting the infringing material, possess knowledge that the content violated a copyright, or profit from the infringing material, the complaint states. 

“Facebook violates all three and cannot claim any DMCA protections,” the plaintiff alleges, claiming that Facebook has wholly failed to police its website against either first-time or repeat copyright infringement. 

The lawsuit looks to represent all creators in the United States whose creative works appeared in an advertisement on Facebook without their consent. 

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