UGC usage rights are where good ads go to die
A lot of marketers still treat UGC like it’s a free buffet. Someone posts a great video about your product, you screenshot it, ship it into ads, and call it a day.
That’s how you end up in a legal thread you didn’t budget for.
UGC is marketing gold, but it’s also someone else’s intellectual property, face, and name. And yes, brands have been sued for misusing it. The fix isn’t complicated, but it does require being disciplined: get clear permission, document it, and don’t assume vibes count as a license.
This guide covers how to secure UGC usage rights, stay compliant, and avoid the IP traps that show up when you scale content.
How to secure UGC usage rights from creators
Here’s the baseline rule you should tattoo on your campaign checklist:
Generally, you do not own content if you didn’t create it.
Even if a customer seems like they’re endorsing you, you can’t just cut and paste their content into your site, emails, or paid ads without permission.
The primary legal issues you’re likely to face
- Copyright infringements or violations. UGC creators may claim you used their content without explicit permission, violating their ownership. They may charge you a penalty for each infringement example.
- Misappropriation of likeness. UGC creators may claim you misused their likeness for commercial purposes. For example, you might use their face and associate it with your brand (suggesting an endorsement) without their permission.
- Right of publicity. UGC creators may claim you used their name for commercial purposes without consent. This applies equally to famous individuals and lesser-known ones.
The way out is boring and effective: get legal consent in a clean framework, then keep receipts.
Set out your terms and conditions
Write down how you’ll use the UGC and get the customer or user to agree. Don’t hide the ball here. If you plan to turn their TikTok into a Meta ad, say so.
Include:
- How long you intend to use the UGC for your marketing campaigns
- The media platforms you intend to use the UGC on
- Whether you want to use the UGC for free or pay for it
Why this matters: “permission” isn’t one thing. A creator might be fine with an organic repost and not fine with paid ads, landing pages, or whitelisting. Your terms should remove ambiguity.
Ask permission
Ask the UGC creator for permission to use their content. Back it up with a signed document saying the user or customer permits you to use their work.
The human part matters. Friendly, direct outreach works better than legalese. Also, many creators now have media kits with terms, conditions, and rates. That’s good because it’s clear, but it can make negotiation more rigid.
Regular users usually won’t bargain and some will agree to let you use their content for free. Still, you must obtain permission, even for something as simple as a video review.
Draft a contract
This is your insurance policy. A contract makes the agreement explicit and protects you if someone changes their mind after you’ve spent money scaling the creative.
When creating this document:
- Set out your terms and conditions
- Mention the costs paid (if any) to the creator for their work
- Detail how long the arrangement will last (and how long you will use the UGC)
- List the channels you will use to disseminate the UGC (i.e. your website and social channels)
More detail is better. If they disagree with specific terms, change the agreement or bring in a legal professional.
The original article pushes a specific UGC platform here. We’ll say the quiet part out loud: platforms can simplify permissions because they bake usage rights into the workflow. If you want that same “don’t make this a legal project” experience, EzUGC is built to help you generate UGC style videos and ads fast, with a process you can standardize instead of reinventing every time.
Best practices for obtaining permissions and ensuring legal compliance
The legal process is the floor. Best practices are how you avoid messy misunderstandings that turn into disputes.
- State your intent clearly. Don’t be vague about how you’ll use the UGC. If you want to use reviews to drive conversions on your website, put that in writing.
- Respect the creator’s attribution preferences. Some creators want you to attribute work to them, even if you have full control over the IP. Generally, you should do this unless there is a special reason not to, even if it isn’t a legal obligation.
- Don’t use content repurposed by third parties. Ensure you only use UGC generated by the creator. Avoid anything that’s been enriched or altered by anyone else.
- Record your permissions. Keep documents detailing your usage rights safe so you can use them in any dispute.
- Remain transparent. Tell the creator how you will use their content, including where you will share it. Check they are okay with your privacy policies and understand the scale at which you will use their work.
If you’re running UGC at volume, this is where systems beat heroics. One missing permission email in a Slack thread is all it takes to create a problem later.
How to avoid common pitfalls in UGC intellectual property
Copyright infringement is the big one: using a creator’s content commercially without permission.
But there are other problems that show up once you’re running lots of campaigns across lots of channels: terms of service violations, privacy violations, and “false endorsements.”
Here’s how to reduce your risk.
Use UGC management platforms
UGC management platforms exist for a reason: they reduce the surface area for IP disputes by standardizing agreements and permissions.
If you’re doing this in-house, you need a repeatable checklist and contract flow. If you’re using a platform, make sure you understand what rights you’re actually getting and whether there are limitations by channel, duration, or paid usage.
Verify ownership
Verifying ownership is another way to avoid pitfalls when using UGC. You must check who created it.
For video content, this is usually obvious. For images of scenery or writing, it’s not always clear.
If someone else produced the work, your brand can end up exposed. The true creator may claim ownership, even if you have an air-tight agreement with the user who submitted it.
Avoid trademark infringement
Even with a solid agreement, you should avoid trademark infringement. This happens when UGC contains logos or labels associated with a third-party brand that the UGC creator doesn’t own.
Common example: a creator films in a kitchen and there’s a visible competitor logo on an appliance, shirt, or packaging in the background. If you run it as an ad, you’ve just invited a new category of headache.
Respect overseas laws
Be careful with overseas intellectual property laws. Some areas have “moral rights” that protect creators and attribution.
So even if your agreement doesn’t require attribution, attributing work to a creator is always a good idea.
Get permission for implicit endorsements
Get permission from creators for any form of endorsement, including implicit ones.
If you’re using their image or likeness to sell your product, that’s commercial use. Treat it like commercial use, even if they didn’t explicitly say “I endorse this.”
Success stories: brands that did UGC usage rights right
UGC usage rights can feel like paperwork hell. But plenty of brands have navigated it and used UGC to drive real outcomes.
The original post links some examples. Here are the key takeaways from well known campaigns.
Starbucks’ White Cup Contest
Starbucks launched its White Cup Contest in 2014. Customers decorated their coffee cups and posted them online using #WhiteCupContest.
It’s a clean UGC mechanic: clear prompt, clear participation rules, and a format that naturally spreads. It also created numerous brand ambassadors and pulled more people into the brand’s orbit.
Spotify’s Wrapped campaign
Spotify Wrapped collects data on users’ listening habits and turns it into shareable “wrapped” graphics.
The smart move here is that Spotify uses its own intellectual property to drive UGC production. Users personalize the output, then spread it for free because it’s about them.
Doritos Crash The Super Bowl
Doritos’ Crash The Super Bowl campaign started in 2006. Customers created Doritos commercials, and the top entries aired at the Super Bowl.
Creators also had to share their entries to gather votes, which turned into mini-campaigns that expanded reach and participation. The result was massive buzz, engaging audiences and increasing brand loyalty.
If you want to scale UGC, don’t scale legal risk with it
The playbook is simple:
- Get explicit permission
- Put it in writing
- Keep records
- Verify ownership
- Watch trademarks and geography
If you’re generating UGC style ads at high volume, you want a workflow that’s repeatable, not a one-off scramble every time. That’s the direction we’re building with EzUGC. If pricing is part of your evaluation, it’s here: EzUGC pricing.