3. Make sure you’re using the right type of account

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4. Obtain proper licensing and permission
If using third-party content would greatly benefit your brand, be sure to obtain proper licensing and ask for permission. As Kelley puts it, “Permission, permission and permission are the three most important things to know about social media copyright.”

Kelley recommends working with your legal team botim data to determine the specific actions you should take to request use of third-party content. “If your brand is considering use of pre-existing imagery or content, pause to consider whether the content has terms and conditions of use already attached. Determine whether it’s necessary to reach out to the creator and request permission to use the content, to negotiate a license or obtain an assignment of copyright.”

The licensing or permissions you need vary depending on the type of content. For example, when you ask to repost UGC on the same platform, getting agreement via DM is a commonly used method. To speed up your outreach, use a tool like Sprout’s Saved Replies to create a standard, on-brand request for permission.

A screenshot of Sprout Social's Asset Library. Within the library, you can see all text assets, including message replies.
5. Make sure video participants sign a release
According to copyright law, if you feature people in your brand’s content, you must ensure they sign a release form to use their name, likeness or image for commercial purposes. While waivers are sometimes not required for educational content, the technical definitions of what’s considered “educational” are murky and it’s safer to assume branded content would be deemed commercial under scrutiny.