How to Use User-Generated Content without Getting Sued: A Scary Story
The recent lawsuit filed against Netflix by a man who claimed that his image was used without his consent in a true crime documentary is a stark reminder of the legal consequences that can arise from the misuse of user-generated content. The case is just one example of the dangers of copyright infringement. It’s also a reminder to content marketers and storytellers to be careful about obtaining the right licence or permission to use images, texts, and videos for commercial purposes. It doesn’t have to be this way. In this blog post, we will tell you how to take the safe path, protect the creators and avoid risky legal battles while making your content more engaging with UGC.
In the lawsuit, a man named Taylor Hazelwood claims Netflix used his photo without permission in their documentary, ‘The Hatchet Wielding Hitchhiker’, harming Taylor’s reputation. If the plaintiff wins the suit, it could cost Netflix $1,000,000 or more.
Taylor had posted a picture of himself with a hatchet on his Instagram account three and a half years before the documentary even existed. The post was inspired by Taylor’s favourite book, ‘Hatchet’, a survival novel published in 1986 and written by Gary Paulsen. But the photo was somehow used in the documentary about an infamous New Jersey murder from 2012, which began streaming on Netflix in January of this year. Over the photo, the narration talks about a “stone cold killer.” Taylor started getting calls and texts from friends almost immediately.
Copyright infringement is defined as any violation of the exclusive rights of the owner. In U.S. law, those rights include reproduction, the preparation of derivative works, distribution, performance, and display. Copyright infringement occurs when someone exercises any of these exclusive rights without permission from the copyright holder. It’s important to note that copyright protection applies to both published and unpublished works. This includes anything found on online platforms such as Instagram and TikTok.
In addition to this recent case involving Netflix, there have been other notable cases where businesses have suffered from legal consequences due to copyright infringement. Even some where the company had requested submissions with terms and conditions. In 2014, Anheuser-Busch asked its social media followers to submit photos for an ad campaign for their Natty Light brand. But then a North Carolina woman was unhappy when her photo was used in the brewery's promotional materials on posters and coasters. She had only posted the picture on her own Facebook page and did not intend for it to be used in such a way. She sued for damages.
Despite the potential risks, user-generated content and other found content (including comments, product reviews and forum posts) remains a powerful tool for businesses to engage with customers and increase sales. And, with proper licensing procedures, it is still safe to use. Catch+Release is one platform that can help you secure proper licensing and rights to user-generated content for commercial use. Services include automated copyright clearance processes and tools to help companies identify who owns the rights to certain pieces of content so they can obtain the necessary licences or permissions quickly and easily. Catch+Release is thorough, safe and highly efficient because of our expert training and years of experience in safely licensing UGC and other Found Content.
SAFE AND FOUND: 4 TIPS FOR PROPER UGC LICENSING
Still thinking of using UGC on your own? Read this first. And,as always, speak with your Business Affairs or Legal Counsel.
- Research copyright laws and regulations;
- Obtain written permission from all talent involved in the work. This includes the person who took the photo as well as every person who is recognisable in the photo;
- Keep records of all permissions granted;
- Purchase licences or subscriptions for images or video clips whenever possible.
Brands love using found content (user generated content) because it breathes life into their stories. But it’s important to use it with proper permission. Licensing can be complicated, and for the creative professional — let’s be honest — the responsibility shouldn’t fall on your plate. That’s why brands love using Catch+Release, the licensing layer of the internet. We are the experts of clearing and licensing content from anywhere you can find it. Don’t limit yourself to free stock or original production just because licensing gets tricky. Find out more about Catch+Release here.
