Getting explicit consent to display or repurpose user generated content (UGC), meaning you contact a social media poster directly to ask permission, is either essential or a good idea for ensuring protection in the following situations:
- You plan to somehow alter the content of the social media post, such as by displaying a call to action or other text, or adding an image or banner over the post. (obtain UGC rights: essential)
- You plan to display the post outside of the Juicer feed for marketing/advertising purposes, whether it’s still recognizable as a social post, or you’re using the image or text on their own. (obtain UGC rights: essential)
- You plan to display advertisements directly alongside the social posts, so it isn’t necessarily clear what is and is not an advertisement for your brand. (obtain UGC rights: a good idea)
- You plan to use the social posts in another unusual way where you’d feel more comfortable obtaining permission. (obtain UGC rights: a good idea)
When You Probably Don’t Need to Obtain Permission
If you are displaying posts within the Juicer feed, and you do not plan to take any of the measures listed in the above section, you should be fine to proceed without requesting permission. As an API partner, Juicer displays public social media posts in a way that complies with the Terms of Service of each social network, and we have been approved to obtain public post data from these platforms.
Either Way, Consult an Attorney and Create Terms and Conditions
It is still wise to seek legal advice for any hashtag campaign or contest that you run. You may want to create Terms and Conditions, which serve as an agreement between you and the poster of the content, and is independent of any terms with Juicer.io. It is recommended that your Terms and Conditions include certification that the poster has rights to the images/content displayed, and has obtained necessary permission to have ownership rights from any subjects in the photo.
These Terms and Conditions could specify the ways you could potentially use the social media content, and provide other necessary legal disclosures and disclaimers. If these Terms and Conditions are readily available to view on your website, then by using your campaign hashtag, a user could be considered to give you implied consent to display their posts. Juicer is unable to provide assistance with producing these terms.
Juicer's URM Tool
With Juicer's Campaign and Enterprise plans, you can now contact Twitter users directly to ask permission to display/repurpose their posts.
The URM tool feature is no longer available for Instagram and Facebook posts, due to recent changes made to their APIs.
Juicer is an API partner and displays public social posts in ways that comply with each networks' Terms of Service.
Juicer cannot provide legal advice regarding the use of user generated content (UGC). Contact a legal expert before you use social media content in a way that may require obtaining explicit consent.