Legal and Community Advocacy/CC-BY-SA on Facebook
Note: This page shares the Wikimedia Foundation’s preliminary perspective on a legal issue. This page is not final - if you have additional information, or want to provide a different perspective, please feel free to expand or add to it.
Please Remember - This Is Not Legal Advice!
- This page may not be accurate, and may fall out of date over time.
- The purpose of these pages is to present the Wikimedia Foundation's perspective on an issue. However, because these pages may be edited and updated by the community, they may not continue to represent the viewpoints of the Wikimedia Foundation.
- The legal team can only represent the Wikimedia Foundation on legal matters, so if you feel you need personal legal advice, please contact a lawyer.
- Because the legal team represents the Foundation, we cannot provide consultations with community members. Contacting the legal team does not create an attorney-client relationship, or any of the duties that come with such a relationship, such as confidentiality.
For more information on this disclaimer, see here.
Can you post CC-BY-SA content that you or the Foundation produced on Facebook?
Can you post CC-BY-SA content that a third party produced on Facebook?
No. If you are planning on reusing CC-BY-SA content produced by a third party, you must comply with the terms of the CC-BY-SA license. Section 4 of the CC-BY-SA license provides:
The license granted in Section 3 above is expressly made subject to and limited by the following restrictions:
- a. You may Distribute or Publicly Perform the Work only under the terms of this License.
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 License ends when you delete your IP content or your account unless your content has been shared with others, and they have not deleted it.
Can you post content that includes trademarks?
On the other hand, from a practical standpoint, it is unlikely that FB would use the Foundation's marks in that manner. And licensing FB to use the marks doesn't mean that anyone on FB can use the marks. Only FB.
If you are concerned about content that is not just the marks, but happens to include a mark (like a picture of the office that happens to have a shot of the puzzle globe on wall in it), those images are fine to license under CC-BY-SA or any other copyright license. Even if the Foundation does not claim copyright on those images, we do claim trademark rights to the marks contained in those images. This means a reuser can use the image that contains the marks, but they cannot use the marks themselves without committing trademark infringement.
Please note that if you are not an employee or authorized representative of the Wikimedia Foundation, you may not use any of the Foundation's marks, other than uses permitted by the Foundation's Trademark Policy, without express written permission. If you would like to use the Foundation's marks or have questions about whether your use is beyond the scope of the Trademark Policy, please email trademarks -at- wikimedia.org.