Businesses that want to establish genuinely trusting connections with their customers actively use User-Generated Content (UGC). UGC is the marketing goldmine created by the original product users or the creators who rule the internet.
However, as UGC becomes more popular and an integral part of marketing, managing its rights has become questionable. Businesses must be knowledgeable about UGC rights management so that UGC can be used appropriately without breaching the original creator’s rights.
So, if any business breaches the UGC’s rights, it can face serious lawsuits, such as copyright infringements and other legal actions.
So, how can UGC be used without hurting the rights of original creators?
Keep reading this blog to get your answer with real-world examples.
What is UGC Rights Management?
UGC Rights Management is the legal framework for businesses to use user-generated content (UGC) properly. It involves understanding copyright laws, obtaining permission from content creators, and ensuring proper attribution. This framework is essential to avoid legal disputes and maintain ethical practices when leveraging UGC for marketing, advertising, or other business purposes.
As part of UGC rights management, brands must follow Model and Property release guidelines that protect both the UGC creators and the brands. If a brand uses UGC featuring an image of a particular person, the Model Release proves that the individual has permitted the brand to use it. Similarly, if any UGC photos or videos feature a particular property, the Property release permits the brands to use them.
How to Get UGC Rights?
You are now aware of UGC rights and permissions, but just knowing about them is not enough; you must also be able to manage them. Mastering the tricks of UGC rights management can save brands from legal turmoil. So, before collecting and using UGC for any marketing campaign, know the best practices for UGC rights management, which are listed below.
1. Clear Communication with Creators
First, build a bridge of clear communication between your brand and the UGC creator. It includes starting a conversation with the creators and asking for their explicit permission to avoid legal issues. Explain to the creators why and where you will use their content and what they might get in return. The creators must clearly understand why they are granting a brand to use their content. All things should be in writing or in email to avoid any kind of future misunderstanding. Inform creators if you can use their content for commercial purposes and ask them how they want to be credited.
2. Comprehensive Terms of Service and User Agreements
If you are collaborating with UGC creators, your brand needs to have clear terms of service and user agreement with them. They ensure both parties know where and how the UGC will be used. It includes a clear explanation of the owner of the content and what is to be done with it. It must be mentioned on TOS if you want to use the UGC for specific purposes, like for UGC ads or to showcase on the website. The agreement must clearly explain the right to modify content and content removal rules for infringement. Last but not least, the TOS and user agreement should be updated so both parties can be informed about the changes in rules.
3. Effective Rights Clearance Processes
The Right Clearance Process helps brands use UGC with the legal permission of the original creators. Having an effective Right Clearance Process is crucial if you don’t want to face serious legal trouble. It ensures that brands have legal permission to collect and use UGC for various marketing purposes. This allows brands to use the UGC fairly and provide creators with the deserved reimbursement. An effective Right Clearance Process lessens the chances of content being removed for unauthorized use. It is a clever way to ensure that your brand acts as per local and international laws, and there will be zero chances of fines or penalties.
4. Tracking and Organizing UGC Assets
Creators create UGC that the brands can use for promotional purposes, so tracking and organizing UGC assets like video, music, etc., are crucial. This approach gives brands legal protection and will manage their rights. Keeping UGC assets on track will help the brand consider which content has proper permission and agreement for use. If you use content you don’t possess the legal right to use, your brand may fall into the trap of lawsuits. If you hold the permission documentation, you can show it as proof if any creator has raised any complaints. Moreover, it is an excellent source for gaining the creators’ trust, showing them you respect their rights. This gives creators confidence to work with you and share more UGC with your brand.
5. Regular Legal Review and Updates
Keep yourself updated on the latest changes in law, such as copyrights, data protection, and intellectual property law. This will help your brand avoid legal complaints, fines, etc. Moreover, different regions have different laws, so UGC reviews and ensures you are updated according to international legal requirements.
When you start using more UGC, the chance of legal problems like copyright infringement, privacy issues, and others increases if the rights are not considered. To prevent major problems, keep track of the legal updates regularly. Further, outdated legal agreements that use poor words come with the risk of significant legal obligations, so keep the terms of agreements updated for your brand’s protection.
Common Challenges and Risks Of Poor UGC Rights Management
Every illegal act has serious consequences, and brands with poor UGC rights management face challenges and risks. Brands must know these challenges and risks to take UGC rights seriously and manage them properly. We have listed some common challenges and risks brands may face for inappropriately managing UGC rights. Let’s learn about them.
1. Copyright Infringement
Brands that use UGC for promotional purposes without the right holder’s permission may be accused of copyright infringement. Copyright law protects the work of the original artist from unfair third-party usage. The work can include books, music, movies, artwork, UGC software, etc, that a particular person first created. Additionally, it will also considered copyright infringement if any content has similarities with the original content. The consequences of copyright infringement can cause legal penalties, financial loss, and damage to business credits. Thus, make sure the creators have given full authority to use their content and share it on any UGC platform.
2. Brand Reputation Damage
If brands fail to manage the UGC rights properly, it significantly harms their reputation, which also affects the brand growth in the long run. This happens because the unauthorized use of UGC can make the creator feel that their content has been exploited. This is an instant turnoff for the creators, resulting in losing trust in brands. Moreover, original creators can sue brands, and legal controversies most damage the brand’s reputation. Brands face a lot of backlash for their unethical UGC rights management and struggle to gain trust. Thus, brands must practice ethical and transparent UGC rights management to build trust and protect their reputations.
3. Legal Disputes and Litigation
Avoiding the management of the UGC rights through proper agreement and licensing can result in legal disputes and litigation. If a brand fails to obtain permission for copyrighted material before advertising, the right holder can file a lawsuit against such an act. A brand can also end up in legal disputes for breaching licensing agreements. The agreements must explain clear terms of use; failure to do so can make you face penalties and serious lawsuits. Thus, establish policies with clear UGC guidelines and rights & responsibilities regarding uploaded content to avoid legal disputes and litigations.
4. Privacy and Data Protection Concerns
Using UGC without the original creator’s explicit permission can raise serious privacy and data protection concerns. Further, this will lead to the risk of the brands’ legal, financial, and reputational loss. Sharing content that brands are not authorized to violate data protection laws leads to creators taking legal action against the brands. Breaching the data of original creators can charge penalties against brands under GDPR law. If brands wish to prevent privacy and data protection concerns, they must obtain the creators’ explicit consent before using their content. Establish transparent guidelines for UGC rights management, and the agreement must comply with data protection laws like GDPR, CCPA, or HIPAA.
Best UGC Tools To Simplify The UGC Rights Management
You need a clever approach that simplifies the process of UGC rights management, as it is crucial to safeguard your brand from lawsuits. Various tools are available that make it easy for brands to manage UGC rights through automated processes. We have compiled a few of the tools in the list below. Let’s have a brief look at each of them.
1. Tagshop
Tagshop is a UGC platform that helps businesses boost engagement and drive better sales using its multiple robust features. This tool helps businesses curate, display, and manage the UGC of different social media platforms and websites. Also, brands can integrate shoppable UGC galleries directly into their website, improving engagement. It also allows to customize the widget before integration and converts the UGC into a shoppable gallery.
2. Tagbox
Tagbox is a well-known aggregator tool that makes the collection, curation, and aggregation process seamless. The tool can collect user-generated content from numerous sources, curate it in a single widget, and display it on the website after customization.
The tool offers other interesting features, such as Rights Management, which lets businesses easily acquire UGC rights. This feature makes it hassle-free for businesses to send personalized UGC rights requests in bulk to the creators. The tool makes the approval process fast for legally using the content for brand advertisement across different platforms. Thus, it cuts the cost and hassle of keeping a separate legal team that manages the UGC rights of the contents.
3. Flowbox
Flowbox is another UGC platform that strengthens businesses’ visual marketing approach. The tool automatically collects UGC content from multiple social media platforms, curates it in a widget, and integrates it on UGC for eCommerce sites. Users can also customize the widget’s look and feel.
4. Yotpo
Yotpo is an all-in-one tool that collects, curates, moderates, and embeds visual UGC content directly on a website or product page. The tool can collect UGC from social media platforms and embed them directly on the website. Users can customize and moderate the widget before the integration to match the look and quality of the branding.
Successful UGC Campaigns with Strong Rights Management
Let’s explore real-world examples of UGC campaigns that help you evaluate how successfully you can use this approach.
1. Shot On iPhone campaign by Apple
One of the best examples of a successful UGC campaign that is still making sound in the market is Apple’s “Shot on iPhone” hashtag campaign. This hashtag campaign shows how Apple collected excellent UGC with strong rights management. They even promoted the best image submitted by users without breaching copyright issues. This is the perfect UGC Email example of an implied license. Apple’s main aim was to regain their users’ trust in doubt, but it also helped them build a sense of community by showcasing real user experiences.
2. “Share a Coke” by Coca-Cola
Coca-Cola cleverly encouraged users to share personalized Coke with their names. In this campaign, Coca-Cola made it clear that the content submitted by users would be used for promotional purposes.
3. “#MyCalvins” by Calvin Klein
Calvin Klein’s hashtag campaign clearly states that submitted UGC can be used for product promotion. Thus, the images users share under #MyCalvins can be used without breaching the copyright.
Conclusion
UGC rights management is crucial for both creators and businesses. It protects the business from facing legal charges and degrading its reputation, and it protects the creative work of original creators from misuse.
Properly managing UGC rights can help businesses gain creators’ trust and encourage them to collaborate. This will lessen the challenges for businesses in obtaining the authority to collect UGC directly from creators.
You now know how to collect UGC and promote your business without violating data protection laws.
So, start strengthening your UGC community to build successful partnerships.
