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User Generated Content (UGC) first originated in the form of scientific articles that were published in journals by scholars, who shared their discoveries and observations with their colleagues. This shows that UGC is not a new term and has existed through different periods of time in different forms. So why is it so popular now? The reason behind the resurgence of this term is because of the development of Web 2.0. Because of internet, UGC now has a newer more refined meaning, where it refers to the content created by active internet users “who put in a ‘certain amount of creative effort’ which is ‘created outside of professional routines and platforms” (Van Dijck, 2009: 41). Does this mean that any content an internet user produces is classified as UGC? The answer is no. According to Naab and Sehl (2016), there is a criteria that much be adhered to in order for the content to be considered UGC: it has to have a degree of personal contribution, it must be published, and it must be produced outside the realms of a professional routine (OECD, 2007). So, all those Facebook, Youtube, Instagram content that we create, outside of our work hours are labelled as User Generated Content.

So why does it matter and why should we care about it?

The main reason is because UGC sites and platforms where UGC is created by us is still a part of the formal media systems such as corporate and legal systems of the industry and therefore, all the data produced on these sites becomes a part of these corporates. Yes, all those photos, comments, posts of friends and family, can be used or manipulated in any format. How you ask? It’s in those pesky little details of the terms and conditions we never bother to read fully. While platforms claim they don’t “own” any content, when we agree to terms and conditions to use these platforms, we grant them the “license” to use the content we produce. See this little excerpt from Instagram’s Terms and Conditions:

• “Nothing is changing about your rights in your content. We do not claim ownership of your content that you post on or through the Service and you are free to share your content with anyone else, wherever you want. However, we need certain legal permissions from you (known as a “license”) to provide the Service. When you share, post, or upload content that is covered by intellectual property rights (like photos or videos) on or in connection with our Service, you hereby grant to us a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to host, use, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works of your content (consistent with your privacy and application settings). This license will end when your content is deleted from our systems. You can delete content individually or all at once by deleting your account. To learn more about how we use information, and how to control or delete your content, review the Data Policy and visit the Instagram Help Center” (Instagram, 2020).

If the licenses lie with the UGC platforms, then where does that leave the content creator? Do we have any copyright over what we are producing? This conflict between commercial and non-commercial practices is raising questions regarding what is permissible and what is not according to the copyright laws. While a large proportion of content is created by individuals outside the corporate framework, the use of the content does not necessarily lie just with the original creator, it also lies with the corporation that the content is produced on.

Nonetheless, these platforms are not all bad. These platforms have allowed, encouraged and given a stage to users to create and share their creations with the world (should they choose to). It’s given businesses another way to connect with their customers and build and nurture communities. These sites are also a way for people to connect, discover or shape new ideas which in some cases have become extremely successful. But does that mean that new laws shouldn’t be erected to protect these rights of the consumers? Social Media Sites have changed how we produce, distribute and consume content. It’s high time that the regulations and rules that allow these sites to function, collect and license our creation undergo a change too.

Instagram (2020). Terms Of Use | Instagram Help Centre. [online] Available at: https://help.instagram.com/1215086795543252?helpref=page_content [Accessed 19 January 2021].

Hunter D, Lobato R, Richardson M, et al (eds) (2014) Amateur Media: Social, Cultural and Legal Perspectives. London: Routledge.

Naab, T. and Sehl, A. (2016). Studies of user-generated content: A systematic review. Journalism: Theory, Practice & Criticism, 18(10), pp.1256-1273.