How to Avoid Photo Copyright When Repurposing User-Generated Content

Brands love sharing the content their audiences have created because it’s more effective and engaging than traditional advertising. Some even dedicate a separate page or account to UGC. While it can be exciting to share what your consumers have posted about your brand, it’s important to understand the legalities of repurposing someone else’s content (because nothing kills the buzz of a fun campaign like a lawsuit). We’ve got you covered with everything you need to know about photo copyright.

To Make a Long Story Short, Users Own Their Photos

Even if your product is in it. Even if they tag you in it or use your hashtag. Social media posts are often considered creative compositions, which are protected by copyright. Creative compositions include both text and photographs—which means tweets and Facebook posts are protected too. They are always owned by the person who created them, except in very specific situations we will touch on later.

It’s good to note that Instagram doesn’t own the content either, as stated in their Terms of Use. So you don’t have to worry about going through Instagram to ask for permission.

Crediting the Creator Isn’t Enough

Just because you added a link to the original post or you tagged the user in your new post, doesn’t mean you have completely avoided copyright. Sure, you gave them credit for their work, but they still have no idea you’re using their image. Using copyrighted material without the creator's consent is illegal—and they have the right to ask you to take it down.

Ask for Permission

Your mom was right, asking never hurts. Some users may charge a fee for using their photographs. Others might just be delighted that a company they love wants to share something they created. In either circumstance, it will save you a lot of trouble if you simply ask before you post.

Shoot them a DM, comment or email and let them know you love their content and want to share it with your followers. Including a link to their photo in your message will ensure that they know exactly which photograph you’re referring to. Be sure to approach them with excitement and positivity about their photo: “We love this and we know our followers will too! Would it be alright if we shared it on our page?”

In circumstances where the user asks for compensation for the use of their photo, negotiations about whether or not you’d like to purchase their photo is up to you—but you can’t use it unless an agreement is reached. If you’re willing to pay up, be sure to allot money in your marketing budget for these situations.

Pro Tip: Always screenshot the conversation when you receive permission to post a photo, just in case you need to prove you got the green light from the creator to use it.