Influencer UGC Content Licensing Demand Letters
Influencer & UGC Content Licensing Demand Letters
Creator Rights, Brand Partnerships & User-Generated Content Disputes
Influencer & UGC Legal Framework
📋 Who Owns What: Content creators own copyright in original photos, videos, and creative works unless they’ve signed work-for-hire agreements or assignments. Brands need explicit licenses to use creator content beyond campaign terms.
Key Legal Protections for Creators
| Right | Legal Basis | What It Protects |
|---|---|---|
| Copyright | 17 U.S.C. §106 | Photos, videos, written captions, editing/arrangement – original creative expression |
| Right of Publicity | State law (CA Civ. Code §3344) | Name, image, likeness used for commercial purposes without consent |
| Contract Rights | Partnership agreement, SOW, brand deal terms | Scope, duration, exclusivity, compensation, usage rights specified in deal |
| Moral Rights (limited in US) | 17 U.S.C. §106A (visual artists); state law | Attribution, integrity (right against distortion) – very limited for commercial work |
Typical Influencer Deal Structure
Key terms in influencer partnerships:
- Deliverables: Number of posts (feed, stories, reels), platform (Instagram, TikTok, YouTube)
- Compensation: Flat fee, commission, product/gifting, combination
- Content rights:
- Organic social only: Creator posts to their own channels; brand has no reuse rights
- Amplification / Whitelisting: Brand can boost creator’s posts as paid ads
- Usage rights: Brand can repost to brand’s own social, use in ads, on website, etc.
- Exclusive rights: Brand gets exclusive use; creator can’t license to competitors
- Duration: How long brand can use content (30 days, 1 year, perpetual)
- Territory: Geographic scope (US only, worldwide)
- Exclusivity: Creator can’t work with competitors for specified period
- FTC disclosure: #ad, #sponsored disclosures required
Default Rule: Creator Owns Copyright
⚠️ No Agreement = No Rights: If brand and creator don’t have written agreement addressing content rights, creator retains all copyright. Brand’s use beyond what creator expressly authorized (e.g., just posting to their channel) = infringement.
When Brands Own Content
Brand owns copyright only if:
- Work-for-hire: Creator is employee (W-2) creating content within scope of employment; OR
- Work-for-hire (commissioned): Written agreement signed BEFORE work created stating it’s work-made-for-hire (only works for certain categories like audiovisual works); OR
- Assignment: Creator signs written copyright assignment transferring ownership to brand
Most influencer deals are NOT work-for-hire because creators are independent contractors, not employees.
Right of Publicity (California §3344)
Separate from copyright; protects use of person’s identity:
- What’s protected: Name, photograph, likeness, voice, signature
- Commercial use trigger: Using identity to sell products/services without consent
- Damages: Greater of $750 or actual damages; punitive damages possible; attorney’s fees
- Duration: 70 years post-death (descendible right in CA)
Common Influencer / Brand Disputes
Creator-Side Claims (Against Brands)
1. Use Beyond Contract Scope
- Deal was for Instagram organic posts only; brand used content in TV commercials
- Contract allowed use for 6 months; brand still using content 2 years later
- Rights granted for US only; brand used in European campaign
- Organic posts only; brand used for paid ads without whitelisting agreement
2. No Contract / Unauthorized Use
- Brand reposted creator’s content without permission or payment
- Brand used creator’s likeness in ads after gifting product (gift ≠ license)
- Brand continued using content after partnership ended
3. Underpayment / Non-Payment
- Brand refuses to pay agreed fee
- Brand demands excessive revisions beyond contract scope without added payment
- Brand uses content more extensively than paid for (scope creep)
4. Right of Publicity Violations
- Brand uses creator’s name/image to imply endorsement beyond actual deal
- Brand creates fake testimonials using creator’s likeness
Brand-Side Claims (Against Creators)
1. Failure to Deliver
- Creator didn’t post agreed content
- Posts don’t meet quality standards or brand guidelines
- Missed deadlines
2. Inadequate Disclosure
- Creator failed to include #ad or proper FTC disclosures (brand regulatory risk)
- Creator edited out disclosure after posting
3. Exclusivity Breach
- Creator worked with competitor during exclusivity period
- Creator posted about competing products
4. Brand Safety / Conduct Issues
- Creator engaged in controversial behavior harming brand reputation
- Creator made disparaging comments about brand
UGC Disputes
User-generated content (non-influencer customers posting about products):
| Scenario | Legal Issue | Resolution |
|---|---|---|
| Brand reposts customer’s photo | Copyright infringement if no permission | Get explicit permission before reposting; DM asking permission creates documented consent |
| Brand uses UGC in ads | Copyright + right of publicity violations | Written license agreement required for commercial use; simple repost is lower risk than ads |
| Platform ToS claims license | Instagram/TikTok ToS grant platform license, NOT brand license | Platform’s license to use content doesn’t transfer to brands; brands need separate permission |
| Hashtag campaigns | Using branded hashtag ≠ granting brand usage rights | Include explicit terms (e.g., “By using #BrandHashtag, you grant us license to repost”) in campaign rules |
Creator Demand Letters
When to Send Demand (Creator Perspective)
- Brand using your content beyond contracted scope (wrong channels, expired duration, excess territory)
- Brand using content without any agreement
- Brand hasn’t paid for delivered work
- Brand using your likeness to imply ongoing endorsement after partnership ended
Demand Letter Structure
| Section | Content |
|---|---|
| Your content/work | Describe content (photos, videos, posts), when created, platforms |
| Original agreement (if any) | Quote contract terms: scope, duration, territory, compensation |
| Violations | Specific unauthorized uses: URL/platform where content appears, how it exceeds license |
| Legal claims | Copyright infringement, right of publicity violation, breach of contract |
| Damages | Usage fees for unauthorized use (calculate based on what they should have paid) + statutory damages potential |
| Demand | Cease use immediately + payment for unauthorized use + takedown from all platforms |
| Deadline | 10–14 days |
Calculating Usage Fees
Formula: (What brand should have paid for actual use) × (Multiplier)
| Usage Type | Typical Fee | Multiplier for Infringement |
|---|---|---|
| Organic social repost | $500–$2,000 | 1.5–2× |
| Paid social ads | $2,000–$10,000 | 2–3× |
| Website / ecommerce use | $1,000–$5,000 | 2× |
| Out-of-home / print ads | $5,000–$25,000+ | 2–3× |
| TV / broadcast | $10,000–$100,000+ | 2–5× |
Fees vary dramatically based on creator’s following, engagement, niche, and brand size.
Tone & Strategy
- Professional, not hostile: You may want future brand deals; burning bridges is costly
- Reference industry standards: “Industry standard for this use is $X; you’ve used without paying”
- Offer licensing solution: “I’m happy to license this use retroactively at $[Amount]”
- Emphasize statutory damages: Copyright = $750–$150k per work + attorney’s fees; right of publicity = $750 minimum + fees
- Be reasonable: Don’t demand $50k for single Instagram repost (damages credibility)
Sample Demand Letters
Sample 1: Use Beyond Contract Scope
[Your Name / Creator Handle]
[Address]
[Email / Phone]
[Date]
[Brand Name]
[Marketing Department]
[Address]
Re: Unauthorized Use of My Content – Breach of Agreement
Dear [Brand]:
I am writing regarding your unauthorized use of content I created as part of our influencer partnership.
ORIGINAL AGREEMENT:
On [Date], we entered into an influencer partnership agreement (copy attached) for:
• Deliverables: [Number] Instagram posts and [Number] stories
• Compensation: $[Amount]
• Usage Rights Granted: “Organic social media posts on Creator’s Instagram account only”
• Duration: “[X] months from publication date”
• Territory: “United States only”
• No Rights Granted For: Paid advertising, brand website, or other commercial use
I fulfilled my obligations and posted the agreed content on [Dates].
UNAUTHORIZED USES DISCOVERED:
You have used my content beyond the scope of our agreement:
1. Paid Advertising: My video appears in Instagram and Facebook ad campaigns (Ad Library screenshot attached)
2. Website Use: My photos appear on your product pages at [URLs]
3. Extended Territory: Content used in your UK Instagram account [@handle]
4. Expired Duration: Content still in use [X months] after license period expired
These uses were NOT authorized by our agreement.
LEGAL VIOLATIONS:
Your unauthorized use constitutes:
1. Copyright Infringement (17 U.S.C. §501): Use beyond license scope = no license = infringement
2. Right of Publicity Violation (CA Civ. Code §3344): Using my likeness in ads beyond consent
3. Breach of Contract: Exceeded scope of granted license
DAMAGES & FEES:
Based on industry-standard rates for usage rights:
• Paid social advertising rights: $[Amount – e.g., $5,000] (3-month campaign)
• Website usage: $[Amount – e.g., $2,000] (ongoing use)
• Extended territory (UK): $[Amount – e.g., $3,000]
• Extended duration beyond license: $[Amount – e.g., $2,000]
Total Usage Fees: $[Total]
Multiplier for unauthorized use (2×): $[Double Total]
As registered copyright owner, I’m also entitled to statutory damages of $750–$150,000 per work and attorney’s fees.
DEMAND:
I demand:
1. Immediate cessation of all unauthorized uses (remove ads, take down from website and UK account);
2. Payment of $[Settlement Amount] representing usage fees for unauthorized use; OR
3. Negotiate expanded license for ongoing use at fair market rates.
Please respond within 10 days. If we cannot resolve this, I will pursue copyright infringement litigation and right of publicity claims.
I’m open to licensing my content to you properly. Let’s discuss appropriate compensation for the actual use.
Sincerely,
[Your Name]
[Instagram/TikTok Handle]
Enclosures:
– Original Agreement
– Screenshots of unauthorized use
– Ad Library evidence
Sample 2: No Agreement / Reposted Without Permission
[Creator Name]
[@SocialHandle]
[Email]
[Date]
[Brand Name]
Social Media Team
[Address / Email]
Re: Unauthorized Use of My Content
Dear [Brand]:
I recently discovered that you reposted my original content to your brand’s social media accounts without my permission or compensation.
MY ORIGINAL CONTENT:
• Platform: Instagram
• My Post: [URL to your original post]
• Date Posted: [Date]
• Content: [Description – e.g., “Photo of me wearing your product at [location]”]
YOUR UNAUTHORIZED REPOST:
• Your Account: [@BrandHandle]
• Your Post: [URL]
• Date Reposted: [Date]
• [If applicable: Used in ad campaign, not just organic repost]
NO PERMISSION GRANTED:
I did not grant you permission to use my content. While I organically posted about your product because I genuinely liked it, that does NOT give you license to repost my content or use my likeness for your commercial purposes.
[If applicable: You did not ask permission via DM before reposting. Had you asked, I would have discussed usage fees.]
LEGAL VIOLATIONS:
1. Copyright Infringement: I own copyright in my photos/videos; your repost infringes
2. Right of Publicity: Using my image/likeness for your brand promotion without consent
3. Violation of Instagram ToS: Instagram’s license to the platform doesn’t grant license to third-party brands
INDUSTRY STANDARD:
Brands typically pay creators $[Amount range – e.g., $500–$2,000] for repost rights, depending on creator’s following and engagement. My following of [X] and engagement rate of [Y%] values usage rights at approximately $[Amount].
DEMAND:
1. Immediate removal of my content from your account(s);
2. Payment of $[Amount – e.g., $1,000] as usage fee for the [duration] period my content was used;
3. Agreement not to use my content in future without express written permission.
If you wish to continue using my content, I’m open to negotiating proper licensing terms.
Please respond within 10 days or I will pursue copyright and right of publicity claims.
Thank you,
[Your Name]
[@Handle]
Sample 3: Brand Demand to Creator (Non-Delivery)
[Brand Name]
[Address]
[Email]
[Date]
[Creator Name]
[Address / Email]
Re: Breach of Influencer Partnership Agreement
Dear [Creator]:
We are writing regarding your failure to fulfill the terms of our influencer partnership agreement dated [Date].
AGREEMENT TERMS:
You agreed to:
• Deliverables: [Number] Instagram feed posts + [Number] stories
• Timeline: Posts to be published by [Date]
• Content: [Description of required content per agreement]
• Compensation: $[Amount] paid in full on [Date]
BREACH:
As of [Date], you have:
• Failed to publish any of the agreed deliverables [OR: Published only [X] of [Y] posts]
• Missed the deadline by [number] days
• [If applicable: Published content that doesn’t meet the agreed specifications]
LEGAL CONSEQUENCES:
Your failure to deliver constitutes breach of contract. We are entitled to:
• Return of all compensation paid: $[Amount]
• Damages for lost campaign value and opportunity cost
• Attorney’s fees and costs per Section [X] of our agreement
DEMAND:
Immediately:
1. Fulfill all outstanding deliverables within 7 days; OR
2. Return full compensation of $[Amount]
If you do not comply within 7 days, we will pursue breach of contract claims and report this conduct to industry databases/platforms to warn other brands.
Please confirm your intended course of action.
Sincerely,
[Brand Representative]
[Title]
Brand Defense & Response
If Your Brand Receives Creator Demand
📥 Received Demand from Creator? Evaluate claim strength, review contract (if any), and negotiate resolution. Fighting is expensive; licensing is usually cheaper.
Initial Assessment
- Locate contract: What did you actually agree to?
- Review usage: Did you exceed scope? (Duration, territory, media, channels?)
- Check platform posts: Remove content immediately to stop ongoing infringement
- Evaluate creator’s following: What are reasonable usage fees based on their reach?
- Assess litigation risk: Do they have copyright registration? Strong case?
Potential Defenses
| Defense | When It Applies |
|---|---|
| License covers use | Contract language is broad enough to include disputed use (e.g., “social media” includes paid ads) |
| Implied license | Creator gave permission (e.g., responded to DM asking to repost with “sure!”) |
| Work-for-hire | Creator was employee OR signed WFH agreement (rare) |
| Damages overstated | Creator demands $50k for single repost; actual market rate is $500 |
| No registration = limited damages | Creator can’t get statutory damages without registration (only actual damages) |
| Fair use (weak) | Rarely applies to brand’s commercial use of creator content |
Response Strategies
1. Immediate Compliance + Negotiate Payment
- Remove content immediately (stops ongoing infringement, shows good faith)
- Offer retroactive license at 1.5–2× standard rate
- “We’ve removed content and are willing to pay $[X] to resolve”
2. Dispute Interpretation / Claim Broad License
- Argue contract language covers disputed use
- “Section X grants ‘social media rights’ which includes paid social ads”
- Provide industry evidence supporting your interpretation
3. Challenge Excessive Damages
- Counter with actual market rates
- “Similar micro-influencers license repost rights for $500; your $10,000 demand is unreasonable”
- Offer reasonable amount based on creator’s following/engagement
4. Offset Against Creator’s Breaches
- If creator failed to deliver all content, breached exclusivity, or violated terms, offset damages
- “You demand $5,000 but failed to deliver 2 of 5 agreed posts worth $2,000”
⚠️ Don’t Ignore: Creators increasingly have legal representation and pursue litigation. Early settlement avoids statutory damages ($150k per work if willful), attorney’s fees, and bad PR.
Settlement Negotiation
- Industry standards: Reference comparable influencer rates for similar use
- Immediate removal: Shows good faith, reduces damages period
- Future relationship: “We value working with you; let’s make this right”
- Bulk resolution: If multiple uses, offer package settlement
- Mutual release: Payment resolves all claims; no future disputes
Preventing Future Disputes
- Written agreements always: SOW specifying exact usage rights before campaign
- Explicit grants: List specific channels, duration, territory, exclusivity
- Budget for rights: Don’t assume perpetual worldwide rights for $500 gifting deal
- DM permission logs: Get written permission (screenshot DMs) before reposting UGC
- Hashtag campaign terms: Post official terms granting license for hashtagged content
- Regular audits: Review where you’re using creator content; ensure within license scope
Attorney Services for Influencer & UGC Disputes
Influencer Contract Dispute?
I represent creators asserting rights against unauthorized brand use and brands defending against creator claims or pursuing breach of contract remedies. Whether you’re the creator or the brand, I provide strategic guidance for efficient resolution.
For Creators / Influencers
- Draft demand letters for unauthorized use or contract breaches
- Negotiate usage fees and retroactive licenses
- Review influencer contracts before signing (protect your rights)
- File copyright and right of publicity lawsuits when necessary
- Pursue unpaid fees and breach of contract claims
- Handle copyright registration for content portfolios
- Negotiate brand partnership agreements (scope, exclusivity, compensation)
For Brands / Agencies
- Respond to creator demands and negotiate settlements
- Evaluate usage rights and license scope disputes
- Draft influencer partnership agreements protecting brand interests
- Defend copyright and right of publicity claims
- Pursue breach of contract claims against non-performing creators
- Implement UGC compliance programs (permissions, terms, hashtag campaigns)
- Advise on FTC disclosure compliance
Why Legal Counsel Matters
High-Value Content, Low Documentation: Influencer deals often lack clear written agreements, creating ambiguity about usage rights. Attorney review prevents disputes by clarifying rights upfront and resolves disputes efficiently when they arise. Creator litigation is increasing—early settlement saves six figures in defense costs.
Representative Matters
- Content usage beyond partnership scope (ads, website, extended duration)
- Unauthorized UGC reposting and commercial use
- Right of publicity violations (ongoing use after partnership ends)
- Creator non-delivery and contract breaches
- Influencer partnership agreement negotiation
- Multi-platform content rights (Instagram, TikTok, YouTube)
- Exclusivity and non-compete disputes
Schedule a Call
Book a call to discuss your influencer or UGC dispute. I’ll review the partnership terms, assess usage rights and violations, and recommend strategy for enforcement or defense.
Contact Information
Email: owner@terms.law
Frequently Asked Questions
Not without permission. You own copyright in your photos/videos. Your posting to Instagram gives Instagram a license (per their ToS), but doesn’t grant brands license to repost. Best practice: brands should DM asking permission before reposting. If you reply “yes,” that’s implied license. If they repost without asking, you can demand removal or usage fees. Exception: Instagram’s “Add Post to Your Story” feature (built-in reshare) is different from downloading and reposting.
No. Gifting product doesn’t grant usage rights unless you signed agreement stating so. If brand sends you product with note “post about it and we can repost,” that may create implied license for reposting, but not for ads or other commercial use. For clarity, brands should send formal gifting agreements specifying any content rights. If you received gift with no agreement, you retain all rights to content you create.
Only if contract grants rights beyond partnership term. Most influencer deals grant rights for limited duration (e.g., “Brand may use content for 6 months from publication”). After that, brand must take down or negotiate extension. If your contract says “perpetual” or “in perpetuity,” brand can use forever (lesson: don’t sign perpetual rights without huge compensation). If contract is silent on duration, courts typically find limited implied license tied to partnership period.
Varies by creator following, engagement, niche, and use: Organic social repost: $500–$2k; Paid social ads: $2k–$10k; Website/ecommerce: $1k–$5k; Print/OOH: $5k–$25k+; TV/broadcast: $10k–$100k+. Micro-influencers (10k–100k followers) command lower rates; macro/mega influencers command higher. Always negotiate usage rights separately from posting fees—posting fee covers your work creating content; usage fee covers brand’s rights to repurpose.