Copyright and User-Generated Content (UGC)
Last updated
Last updated
A key concern when curating or aggregating user-generated content (UGC) from Source Platforms to Amondo is whether this practice could lead to copyright infringement. The risk of infringement is generally low due to the terms under which users upload their content to platforms like Instagram.
When users upload content to Instagram, they agree to the platform’s terms, granting Instagram a licence to use, distribute, and share public content with third-party partners. Amondo’s Partner Agreement with platforms like Instagram allows UGC to be embedded and displayed in compliance with user privacy settings, but without transferring copyright ownership to Amondo or its customers.
Instagram’s terms make it clear that content uploaded to the platform can be shared under this licence, providing partners with legitimate access to UGC for commercial purposes, as long as the content remains publicly available.
Through Amondo’s platform, businesses can legally embed UGC, which has been sublicensed to them through Amondo's Partner Agreement with Source Platforms. Importantly, while the content can be used in compliance with the original uploader’s privacy settings, the copyright still belongs to the creator. Amondo and its clients are not claiming ownership of the content; they are simply embedding it for display purposes.
However, using official content, such as an artist’s sound recording or professional video, without permission presents a higher risk of copyright infringement. This is because the copyright to those materials belongs to the artist or their label, and unauthorised use would violate their rights.
If a copyright issue arises, the rights holder (such as an artist or content creator) would generally contact the original uploader or the platform directly. Platforms like Instagram have processes in place for managing copyright claims, and the enforcement of these policies can vary. Nevertheless, Source Platforms provide a clear framework for addressing disputes, and businesses using UGC through Amondo are typically covered by the platform’s terms.
From a commercial perspective, creators and businesses often benefit from the shared promotion of content, as UGC can help amplify marketing efforts without competing interests.
Consider a scenario where a business, such as a music venue operator, embeds a fan's video of a concert to promote future events. In this case, the venue operator is allowed to display the video under Instagram’s licence, while the fan retains ownership of the video. As long as the video is publicly available, the venue operator does not need additional permissions to embed it.
However, if the venue operator used an official video or sound recording of the artist’s performance, the risk of copyright infringement would increase significantly. This is because such content is typically owned by the artist or their label, and using it without permission would violate copyright laws.
In summary, curating and aggregating UGC via Amondo poses a low risk of copyright infringement, provided the content is publicly available and used within the bounds of platform agreements. The primary risk arises when official or professionally produced content is used without proper licensing. Amondo’s platform ensures that UGC can be embedded legally, offering a practical and compliant way to display user-generated content.
