Facebook will protect your photographs with “Rights manager for images”

29 October 2020

Facebook will help to protect the intellectual property of your photographs with "RIGHTS MANAGER FOR IMAGES".

29 October 2020

For several years now, anyone with a smartphone has had the opportunity to become a producer of an audiovisual recording, and with it, be worthy of the rights conferred by the Intellectual Property Law (LPI).

The definition given by Art. 86 of the Spanish LPI to an audiovisual work, fits perfectly with the recording that any individual can make via his or her mobile phone, provided that the work has a certain originality. Likewise, Art. 120 of the LPI defines the producer of an audiovisual work as the person “who has the initiative and assumes responsibility for that audiovisual recording”.

In order to protect audiovisual rights, in 2016 Facebook launched the RIGHTS MANAGER tool, which was designed to protect video and audio on the social network by detecting overlapping content and safeguarding copyrighted material. To do this, administrators and page editors only had to submit an application and wait for it to be approved by Facebook.

Now, given the success of the first version of the tool, Facebook has announced the creation of a new feature, which will be entitled “RIGHTS MANAGER FOR IMAGES”, as they officially explain in their press release.

This new option will be based on the protection of the intellectual property rights of the owners of photographs, who will be able to know if an image they have uploaded to the social network is being used by other profiles, both on Facebook and on Instagram.

In the words of Dave Axelgard, Product Manager at Facebook, it is understood that this new functionality is currently being tested exclusively with a small group of partners, and before expanding it to the rest of the users, they want to make sure it works properly “because, as you can imagine, a tool like this is very sensitive and very powerful”, as he told to TheVerge portal.

The North American company certainly seems to be taking the intellectual property rights of its users very seriously, in what could be understood as an early adaptation to the application of the new provisions contained in the new Intellectual Property Directive, which will apply from 7 June 2021.

At H&A, we believe that the new option that Facebook will make available to its users will undoubtedly promote respect for intellectual property, although situations could arise in which a poor detection by the tool could lead to abuse or a situation of defencelessness for any of the parties. This is why we will have to wait for the final version of the tool to see their degree of perfection.

5/5 - (1 vote)

Federico Jover

Abogado. Departamento de Propiedad Intelectual, Media & Entertainment.

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