Disclaimer: None of this is intended to be used as legal advice. Please consult with your attorney when writing any contracts.
Usage rights are becoming an increasingly important component of influencer campaigns. After all, your brand has gone through all the work of securing this content; shouldn’t you be able to use it for your brand channels as well? We find IGC (“influencer generated content”) to be incredibly valuable for brands, as audiences are more likely to respond to and interact with influencer content, but the use of influencer content does not come without a price.
Usage rights can incur additional costs, and brands can get into legal trouble if they are utilizing influencer content beyond what is lined out in the partnership agreement.
Here are the 4 Ws that need to be answered when detailing usage rights. Keep these in mind for your next influencer campaign, and of course, consult your attorney when crafting any legal contracts.
Who
Who is using your content? Is it a brand? An affiliated brand? A retailer? Outline what entities will be using the content so there is no miscommunication between brand and content creator.
What
What assets are the brand planning on using? Is it a portion of the content, or all of it? Does the brand plan on re-editing content? Defining what assets will be used and how they will appear on brand-owned channels is essential for understanding between all parties.
When
How long are they using the content for? Is it one week, one month, one year? The time frame of usage rights should be specifically defined. The longer the time frame, the higher the usage fee will be, so being precise with the timeline will help optimize your budget.
Where
Where will the brand be using the creator’s content? Is it living on the brand’s website? Their social media channels? In advertisements? Will it be plastered in billboards and other out-of-home marketing materials? The fees for utilizing an Instagram Reel on just a brand’s own profile will differ from the brand utilizing that content in an international ad campaign, so being clear about where the content is intended to be used will provide clear expectations for all parties and limit surprises down the road.
Learn more about Usage Rights:
@aligrnt Let’s talk about usage in contracts for creators. There are so many sneakyyyyyy things that get put into contracts for influencers so I’m hoping to make this an ongoing series to give you tips and tricks to look out for whenever receiving a contract from an agency or brand. ☺️ The information does not, and is not intended to, constitute legal advice; instead, all info and content are for general informational purposes only. #howtobeaninfluencer #creatoreconomy #influencermarketing #creatortipsandtricks #influencertipsandtricks #microcreators #talentmanager
In short, the more details that your brand provides about how and where creator content is used, the better for all parties involved. Clearly-defined usage terms benefit all and limit surprises once the campaign has started. As always, consult with your attorney when crafting these terms.
