The dangers of user-generated content

One of the greatest challenges that arts organisations face is how to engage with audience members in a way that engenders loyalty and trust. In the performing arts, the tendency for late bookings emphasises the need for a deep engagement with a core group of supporters of the work. There will be a major benefit to the organisation if it can persuade audiences to book before reviews and on the basis of good experiences. The benefit is not purely financial: it will also include locating and building a following which feeds off and appreciates the organisation’s particular approach to its art.

The advent of sites such as YouTube and other social networking websites has opened up opportunities for arts organisations to create ‘members’ or ‘supporters’ sections in their websites to enable users to communicate with each other and post material, whether relating to the organisation or otherwise. As it is, there is a fair amount of arts material already posted on YouTube – some looks as though it is official (and I assume posted by the organisation’s publicity department), and some may be clips of performances from mobiles.

If you are considering developing your own user-generated content site, you should be aware of the practical and legal issues that need to be considered. As with bulletin boards and blogs, you will need to determine how hands-on the editorial supervision will be. As a rule of thumb, if you seek on a proactive basis to vet content, then you will be responsible for ensuring there is no infringing content on the site. If, on the other hand, you act only in response to complaints then you are less likely to be responsible for infringing material. When setting up members’ areas which allow a degree of interactivity, organisations will want to ensure that there is no potential for harm to the organisation. In my experience, they will generally want to keep a close eye on postings. The result is, for material that may be defamatory, that infringes copyright or is otherwise and illegal, the organisation is likely to be responsible even though it did not post the material itself.

In addition to the general legal requirements for websites and online selling, the e-commerce regulations and Defamation Act are particularly relevant. Organisations will need to take account of any user-generated content in the context of the terms and conditions of use for the website. Not only should it be clear that copyright material cannot be lifted from the website, but also that users warrant that all clearances have been obtained in material posted. The applicable privacy policy will need to be considered in detail. It needs to be clear the basis on which individuals’ personal data can be shared and provided to other users, and used by the organisation itself. Any perceived misuse of data can substantially damage the goodwill of the organisation and undermine the reasons for using user-generated content. If organisations seek sponsors or advertisers on members’ areas, the issue of liability will extend to the advertisers who will want indemnities in respect of the posting of infringing material. If used well, these sorts of sites can have the potential to deliver real benefits, but it is important that organisations navigate their way through the potential pitfalls, both legal and practical.