Question

What is user-generated content, and what are the rules for using it?

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Curated Intelligence
Definitive Source
Answer

Content made by customers rather than the brand — reviews, photos, videos, posts — and it is highly effective precisely because it is not advertising, which is also why the legal position is more constrained than most brands assume.

Why it works. It carries the credibility of a peer rather than a seller, it is produced at scale for no production cost, and it shows the product in real settings. Reviews and customer photographs consistently rank among the most influential factors in purchase decisions.

The rules, which brands routinely get wrong:

Copyright belongs to the creator. Someone posting a photograph of your product owns that photograph. Tagging your brand is not a licence, and neither is a hashtag campaign unless the terms clearly say so. Reposting without permission is infringement, and brands have been successfully sued for exactly this.

Ask, and record the answer. Explicit written permission specifying where and for how long. A reply of "sure!" in a comment is weak evidence for paid advertising use.

Get a separate release for paid media. Permission to reshare on your own feed is not permission to run it as an advertisement, and this is the distinction that causes disputes.

Identifiable people need their own permission, separate from the photographer's, particularly for advertising and especially where children appear.

Music and third-party material inside the content carry their own rights, which the creator may not have cleared.

Incentivised content must be disclosed. If you gave a product, a discount, a competition entry or a payment in exchange, that is a commercial relationship requiring disclosure — including for reviews.

Reviews must not be manipulated. Fake reviews, suppressing negative ones, and incentivising only positive feedback are increasingly subject to direct regulatory enforcement and substantial penalties in several jurisdictions.

Data protection applies when you collect and store people's images and details.

Practical approach: publish clear terms for any campaign; keep a permissions log with screenshots and dates; credit creators visibly; and remember permission can be withdrawn.

General information, not legal advice.

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