WHO OWNS USER-GENERATED CONTENT?

So, the UGC is generated... now who owns this user-generated content?

Introduction

User-generated content (UGC) is a form of online content that is created by unpaid contributors or fans. User generated video, podcasts, audio recordings, text files and images are created and posted on websites such as YouTube, Wiki-How, Reddit and Twitter. The Internet has made it easy for anyone to be a publisher, without having to submit work to traditional publishers or undergo any kind of editorial process. This means that a great deal of the content on the web is created by unpaid fans or enthusiasts who may be using another company's intellectual property (such as copyrighted images) in creating their content.

UGC may be used in the context of consumer marketing campaigns where the brand itself will use UGC content to get audience exposure for their products or services. This can come in many forms including:

• Text - Instagram photos with hashtags

• Images - Pinterest pins or Pinterest Idea Pins with descriptions

• Video clips - TikToks with short descriptions and/or voiceover

There are two general categories of user-generated content: amateur and professional. Amateur UGC includes material like photos taken with smartphones and videos shot with cameras. Professional UGC refers to material created by individuals who receive payment for their work from someone else.

There are two basic issues raised by user-generated content: first, who owns it; second, what rights they have in the underlying IP of material they incorporate into the work.

There are two basic issues raised by user-generated content: first, who owns it; second, what rights they have in the underlying IP of material they incorporate into the work.

The creator of UGC owns the copyright in their work. They have moral rights as well: to be identified as the creator of their work and attributed as such if someone else uses it.

Conclusion

As you can see, UGC poses some interesting legal questions. If you have any questions about copyright or trademark issues related to your business, please contact us.