When you make a video for a brand, who owns it? You, or the brand? The answer matters, because it determines what the brand may do with your content and what you may still do with it yourself. This article explains the basics. It's general information, not legal advice.
You automatically own the copyright
In the Netherlands, copyright arises automatically when you create something original, such as a video, photo or text. You don't need to register it. As a creator, you're therefore the owner of your content, even if you made it for a brand.
License or transfer?
There are two ways a brand can get rights to your content:
- A license (usage rights). You remain the owner, but give the brand permission to use your content under certain conditions. This is the most common arrangement.
- A transfer. You transfer the copyright to the brand, which then becomes the owner. Under Dutch law, a transfer of copyright requires a signed written document. Without one, the copyright stays with you.
What do usage rights cover?
Usage rights can differ greatly per collaboration. Pay attention to these points:
- Channels. May the brand only share your content on its own social media, or also on its website, in emails or in stores?
- Organic or paid. May the brand use your content in paid ads? This is usually worth more.
- Duration. For how long may the brand use your content? For example, three months, a year or indefinitely?
- Territory. In which countries may the brand use your content?
- Editing. May the brand edit your content, for example by shortening it, adding text or combining it with other material?
- Ads through your account. Some brands want to run ads through your account, for example via TikTok Spark Ads or Meta's partnership ads. That requires your separate permission.
Usage rights on Influentials
On Influentials, the usage rights for each campaign are stated in the brief and the campaign terms. Read them carefully before you apply, so you know exactly what you're agreeing to.
What may you do with your own content?
Even if you remain the owner, you may not always do whatever you like with content you've made for a brand. Some campaigns are confidential, or you've agreed not to post the content yourself. Want to use campaign content in your portfolio? Check the brief, and when in doubt, ask the brand first.
Watch out for other people's rights
- People in your video. Does someone else appear in your content, such as a friend or your child? Ask for their permission first. For children under 16, you need permission from a parent or guardian.
- Music. You don't own the rights to popular music. A brand usually can't use content with trending music in ads. Read Which free editing apps can you use for UGC? for more about music.
- Other brands. Avoid recognizable logos or products from other brands in your content, unless the brief allows it.
Tips
- Read the terms carefully. Pay special attention to the duration and whether paid ads are included.
- Get agreements in writing. For collaborations outside Influentials, always record the usage rights in writing.
- Factor usage rights into your rate. Broader or longer usage rights are worth more. Read How to determine your rate as a creator for tips.
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