From Employees to Influencers: Why Authenticity comes with Risk

EGC is the next evolution of User Generated Content (UGC) marketing, bringing brand storytelling in-house.

You've likely seen countless social media campaigns - whether it's staff using Gen Z slang or baristas showing off their latest skinny mocha latte creations.

Why ECG Works

• It's authentic: Audiences trust genuine employee stories.
• It has big reach and engagement: the KPIs back this.
• It's cost-effective: No need to hire influencers when your employees can do it.

But ECG also raises a question: should employees be paid for this, or is it part of the job?

The Small Print: Who Owns the Content

Unlike UGC which is created by customers, EGC leans on employees.

In the UK, intellectual property (IP) produced by an employee during the course of their employment is typically owned by the employer.

For EGC, this can cover copyright in the video, audio and other content, as well as performance, image, and moral rights.

The Course of Employment

The following criteria has been identified by the courts for determining 'in the course of employment':

• Whether the work is integral to the business
• Whether the author can refuse to create the work
• The amount of direction provided
• Who provided the materials for the work to be created
• Whether the work was created during normal office hours
• Where the work was created
• The terms of the contract of employment

In short, ownership depends on context.

But the law generally leans towards employer ownership, provided content is created as part of employment.

How to Avoid a Problem

However, issues can arise if EGC content is made by employees whose roles are far detached from marketing, and content is made off-hours or with personal devices.

Companies embracing EGC should dot the i's and cross the t's in their contracts of employment.

Clearly outlining ownership rights and social media policies between employers and employees will avoid disputes down the road.