When you make content for a brand, you deliver two things: the content itself and the right to use it. Many creators only think about the first. But usage rights determine how much value your content has for the brand, and therefore what it's worth to you. For the legal basics, read Who owns the rights to the content you make? first.
Why usage rights matter to you
- Value. A brand that uses your video in ads for a year gets much more value from it than a brand that shares it once on Instagram. Your compensation should reflect that.
- Your image. In paid ads, your face and voice can be seen by many people, sometimes for a long time. That affects how people see you.
- Your opportunities. Long or broad usage rights can affect which other brands you can work with, for example if your face is linked to a particular brand for a long time.
Types of usage rights
- Organic use. The brand shares your content on its own social media channels, without paying to promote it. This is the most limited form.
- Paid use (ads). The brand uses your content in paid ads on social media or elsewhere. Your content then reaches many more people.
- Ads through your account. With TikTok Spark Ads or Meta's partnership ads, the brand runs ads through your account, under your name. Your followers and other users see the ad as coming from you.
- Other channels. The brand uses your content on its website, in emails, in shops or even in outdoor or TV advertising.
- Time-bound or unlimited. Usage rights can apply for a set period, such as three months or a year, or indefinitely.
What should you check?
Ask yourself these questions before you agree to usage rights:
- Where may the brand use my content, on which channels?
- How: only organically, or also in paid ads?
- Through whose account: only the brand's, or also via my account?
- How long may the brand use my content?
- Where geographically: only in the Netherlands, or also in other countries?
- May the brand edit my content, and how?
- What happens afterwards, when the usage period has ended?
Red flags
- Unlimited rights without extra compensation. Indefinite, worldwide use in all media is worth a lot. Never give it away without thinking about it.
- Vague terms. Phrases such as "all media" or "for any purpose" without further explanation leave you with little control.
- Rights hidden in the fine print. Always read the full terms, not just the summary.
- Edits that change your message. Make sure the brand can't present your content in a way that doesn't match what you said or believe.
When the usage period ends
After the agreed period, the brand may no longer use your content in new ways, such as new ads. Agree in advance what happens to posts that are already online, as they often remain visible.
Usage rights on Influentials
On Influentials, the usage rights for each campaign are stated in the brief and the campaign terms. Only apply if you're comfortable with the terms.
Tips
- Factor usage rights into your rate. For collaborations outside Influentials, ask more for broader or longer usage rights. Read How to determine your rate as a creator for tips.
- Keep an overview. Note for each campaign which usage rights you've given and until when. That way you know where your content can appear.
- Get agreements in writing. Always record usage rights in writing, so there are no misunderstandings later.
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