Do You Need Permission to Repost UGC.
A customer tags your brand in a great photo. What UK copyright says about reposting it, and what a permission step in your workflow needs to cover.
A customer posts a photo of your product, tags your brand, and it is better than anything in your own content library.
Do you need permission to repost it?
Assume yes. Under UK law, copyright in that photo arose the moment it was taken, and it usually belongs to the person who took it. No registration, no fee, no notice. Tagging you, using your hashtag or keeping a public account grants your brand nothing.
So the cheerful reshare most teams treat as a compliment is really a rights decision, taken in seconds, by whoever saw the notification first.
That is not an argument against UGC. The case for putting customer content in your feed stands. It is an argument for one small step in the workflow: ask in advance, keep the reply.
Copyright starts the moment the photo does
Government guidance is blunt about it. You get copyright protection automatically, with no application and no fee, and it covers original literary, dramatic, musical and artistic work, photography included.
The Intellectual Property Office is just as plain on ownership. The creator is usually the first owner of any copyright in the work, the main exception being work made by an employee in the course of their employment, where the employer generally owns it.
It also lasts longer than people assume. The IPO puts duration for images at the creator’s life plus 70 years from the end of the year they die.
A phone photo taken in your shop doorway carries the same protection as a commissioned studio shoot. Nothing about how casually it was made lowers the bar.
A tag is not a licence, and neither is the platform’s terms page
Two beliefs do most of the damage.
The first is that tagging a brand is an invitation. It is not. Someone can be delighted with you, want you to see it, and still not have given you the right to publish it.
The second is that the platform’s terms have already sorted it out. They have, for the platform. Post to TikTok and you grant TikTok and its affiliates a broad, sub-licensable licence to run the service. Meta’s terms work the same way, with you keeping ownership and Meta getting a licence to host and distribute.
TikTok’s terms, which apply to users in the UK, go further and grant other users a licence to access and use your content, including to reproduce and adapt it. Read the scope. It is granted for using the platform, for entertainment purposes, and a brand pulling a video into its own marketing is not obviously what that describes.
Meta’s terms also tell you not to share content you do not own or have the rights to share. A rule pointed at you, not a permission.
The ways around asking are narrower than they look
Three different acts get treated as one.
Linking is the safest. The IPO’s guidance on images and the internet says posting a simple web link to a page where the copyright owner posted the image publicly is usually not restricted by copyright. Downloading a video and re-uploading it as your own post is the other end, where the same guidance says copying images and hosting them elsewhere usually amounts to infringement.
Resharing through a platform’s own tools and embedding a post elsewhere sit in between. They are genuinely different acts from copying a file, and weaker than they look. An embed is not an asset: you cannot crop it, caption it or cut it into a montage, and it vanishes when the original poster deletes theirs.
Fair dealing is not the escape hatch either. Those exceptions cover non-commercial research, criticism or review, news reporting and parody, and the guidance says a use that substitutes for the work and costs the owner revenue is not likely to be fair. A marketing feed is a hard fit.
Said once and plainly: NBK is a social operations partner, not a law firm, and a brand with real exposure here should take proper advice on its own position. The fix, though, is operational.
The music is not theirs to give
The clip you want most is often the one with a chart track under it, and the person who filmed it cannot give you permission for that. They never held it.
Meta’s music guidelines say music use for commercial or non-personal purposes is specifically forbidden unless you obtain the appropriate licences, and that content containing music you are not authorised to use may be blocked, hidden or removed.
TikTok separates its libraries for the same reason. Businesses cannot use the general music library for commercial usage and are pointed to the Commercial Music Library, which is pre-cleared for it.
So permission covering the footage does not cover the sound. Ask for a version without the track, replace the audio from the commercial library, or reshare inside the platform rather than re-uploading. Each changes the piece, which is one more reason to ask about edits.
How to ask, and what to ask for
Ask before you post, not after. “We’ve shared this, hope you don’t mind” is not a permission step, it is an apology with a question mark on the end.
Ask by direct message, not in the comments. A public reply feels friendlier and is a far weaker record: it can be edited, deleted, buried, and nobody can file it. A DM thread is something you can screenshot and store. Keep it short, human and easy to say no to.
Then make the ask specific, because vague permission is what comes apart later. “Yeah go for it” answers a question you did not ask precisely enough. Cover:
- Which post, linked, so nobody argues later about which photo
- Which channels: organic social only, or website, email, in store, sales decks
- How long: a fixed period, or until they ask you to stop
- Whether you may crop, trim, add captions or change the audio
- How you will credit them, and the exact handle to use
If other people are recognisable in the shot, the person who filmed it is not the only one with an interest in where it ends up. UK data protection rules expect information about identifiable people to be used fairly, lawfully, transparently and for specified purposes, so say plainly where it will appear. Where children are in frame, plenty of brands decide the answer is simply no.
Treat the reply as evidence too. A thumbs up emoji answering five questions is not a record of what was agreed.
What you keep, and who can find it in a year
The test is not whether you have permission. It is whether someone who has never met you can find it.
Keep both halves, what you asked and what they said, screenshotted with the handle and the date visible.
Store it with the asset, not in a person’s inbox. A folder, a row in your content tracker, a field in your approval template, whatever your team already opens, as long as it holds the source handle, a link to the original, the date asked, the date agreed, the scope granted, any expiry, and where it has been used.
Design for this: the person who asked has left, and fourteen months later somebody objects. If the only copy of the permission is a DM on their old work phone, you do not have a permission step. You have a habit.
Credit is a norm, not a legal fix
Credit does not turn an unlicensed repost into a licensed one, and it is not automatically owed either. Under the Copyright, Designs and Patents Act 1988 the author’s right to be identified has to be asserted, generally in writing, before it binds anyone.
Which is why it works as a cultural obligation rather than a legal one, and why it matters more in practice than the law suggests. Removing someone’s handle is the thing that genuinely annoys people. Plenty of creators would happily have said yes and are furious about the missing tag, because the tag was the only thing they were getting out of it.
So credit properly. Name them in the caption, tag them on the asset where the platform allows it, and never crop a watermark or a username out of a frame to fit your grid.
When someone objects, move first
Take it down, then reply. In that order.
The instinct to establish whether you were entitled to post it before you act is the expensive one. While you are checking, someone is screenshotting your brand arguing with a customer, and that costs more than the post was ever worth.
A short reply does most of the work. We have removed it, we should have asked, sorry. No paragraph about your terms.
Then treat it as a process failure, not a personal one, and ask which step let it through.
Give takedowns one named owner and a target of the same working day. A rights complaint sitting in a shared inbox over a weekend is how a small thing becomes a large one.
Put the permission step on the form
A rule that lives in someone’s head fails on the first busy Friday. Make it a field instead.
Every item going through approval carries a source: original, licensed, or UGC with a permission reference. No reference, no publish. The person scheduling at five o’clock is not the person adjudicating a rights question.
That is the same principle running through a good approval process. Decisions get made once, by the right person, and the record travels with the work.
What good looks like
The outcome is the opposite of what teams expect. Done properly, a permission step should have you reposting more customer content, not less.
Without one, every borrowed asset is an individual judgement call, and the safe answer under time pressure is to leave it. With one, the answer is a saved message, a stored reply and a green light.
In practice:
- One person owns the ask, and the message is a saved template
- Permission is requested before the asset enters the schedule, not after it publishes
- The record sits with the asset and survives a staff change
- Credit is standard, and a repost is never cropped to remove a handle
- People who have already said yes are on a list you can go back to
How NBK thinks about reposting rights
This looks like a legal problem and behaves like an operations one. The failure is almost never that a team did not know copyright existed. It is that no step in the workflow was responsible for asking, so the call fell to whoever had the phone.
NBK’s answer is the same here as anywhere else in social: put the judgement into the system rather than into the moment. A field on a form, a named owner, a stored record, and a takedown route that works on a Saturday.
Next step
If good customer content is going unused because nobody is sure whether you are allowed to post it, that is a workflow problem wearing a legal costume. NBK can help rebuild the process behind the content so the answer is quick, recorded, and the same every time.
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