What is a UGC usage rights violation?

A usage rights violation occurs when a brand uses creator content beyond the scope of the license agreement. Common violations include using content past the agreed term, on unauthorized platforms, in paid advertising when only organic was licensed, or continuing use after contract termination without renewal payment.

How much can I recover for unauthorized use of my UGC content?

Recovery depends on contract terms and industry standards. Typical remedies include the original fee for each unauthorized use period, premium rates for unlicensed platforms like paid ads, copyright statutory damages of $750-$30,000 per work if registered, and actual damages including lost licensing fees.

Can a brand use my UGC content forever if they paid me once?

Only if you granted perpetual, unlimited rights in writing. Most UGC contracts specify time limits like 30, 60, or 90 days, platform restrictions, and usage types such as organic vs paid. Silence in a contract generally does not grant perpetual rights. Review your agreement carefully for duration and scope terms.

What is the difference between exclusive and non-exclusive UGC rights?

Exclusive rights mean only the brand can use the content during the exclusivity period, preventing you from licensing to competitors. Non-exclusive rights let you license the same content to multiple brands. Exclusive rights command premium pricing, and exclusivity violations by brands can trigger significant damages.

Do I need to register my copyright to sue for UGC infringement?

Registration is not required to own copyright but is required to file a federal lawsuit and to recover statutory damages and attorney fees. You can register within three months of publication or before infringement to preserve statutory damage eligibility. Registration costs $45-65 per work online.

What if the brand claims they have implied license to use my content?

Implied licenses are limited to what was reasonably contemplated at creation. If you were paid for specific deliverables with stated terms, use beyond those terms is not covered by implied license. Written contracts supersede implied license claims. Document all communications about intended scope to rebut implied license arguments.

UGC Creator Usage Rights Violation Demand Letters

Common UGC Usage Rights Violations

Violation Type	Brand Conduct	Creator Harm
Term Overrun	Using content past 30/60/90 day license period	Lost renewal fees, extended exposure without pay
Platform Creep	Licensed for Instagram, used on TikTok and website	Unpaid licensing for additional platforms
Organic to Paid	Running organic-only content as paid advertisements	Lost ad usage premium (typically 2-5x rate)
Whitelisting Abuse	Running dark ads from creator account beyond scope	Association with ads creator did not approve
Exclusivity Breach	Brand uses content during creator's competitor exclusivity	Lost competing brand opportunities
Modification Without Consent	Editing content beyond approved changes	Misrepresentation, brand safety concerns

Why Enforcement Matters

Unauthorized use devalues your content licensing business.
Brands budget for usage rights; they expect to pay for overages.
Enforcement establishes your professional standards.
Many violations are "testing" whether you will notice.

Typical Recovery Amounts

Base rate for each unauthorized usage period.
Premium multiplier for paid ad usage (2-5x organic rate).
Per-platform fees for unauthorized platform expansion.
Rush/retroactive licensing premium (1.5-2x standard).

Brand deal payment disputes are different: If a brand never paid for the original work, see our Brand-Influencer Contract Breach page. This page addresses violations where you were paid but the brand exceeded the licensed scope.

Legal Framework for Usage Rights

UGC creators own copyright in their content upon creation, no registration required.
Brands receive only the rights expressly granted in writing.
Ambiguities in licensing agreements are construed against the drafter (usually the brand).
Silence about a usage type means it was not licensed.

License Interpretation

Duration terms are strictly construed. "30 days" means 30 days, not "approximately one month."
Platform grants are specific. "Instagram" does not include Instagram Reels, Stories, or other formats unless stated.
Organic vs. paid distinction is fundamental. Organic posting rights never imply paid advertising rights.
Territory limitations apply. "US rights" does not include Canada or other countries.

Actual damages: lost licensing fees plus any profits the brand made from infringement.
Statutory damages: $750-$30,000 per work ($150,000 if willful) for registered copyrights.
Attorney fees: recoverable for registered works, making enforcement economically viable.
Injunctive relief: court order to stop unauthorized use immediately.

Contract vs. Copyright Claims

Use beyond license scope is both breach of contract and copyright infringement.
Contract claims allow recovery of agreed licensing fees.
Copyright claims add statutory damages and fee-shifting.
Pursue both theories for maximum leverage and recovery.

Registration matters: Registering your content with the Copyright Office before infringement (or within 3 months of publication) unlocks statutory damages and attorney fees, making enforcement much more powerful.

Documentation Checklist

Contract & Communications

Original brand agreement or creator brief.
Usage rights section with duration, platforms, and usage types.
Email/DM negotiations about scope and terms.
Any renewal discussions or expiration notices.

Infringement Evidence

Screenshots with dates of unauthorized use.
URLs of content still live after license expiration.
Meta Ad Library screenshots showing paid ad usage.
Archive.org/Wayback Machine captures for dated proof.

Timeline Documentation

Content delivery date (when you sent final files).
License start date (often delivery or first posting).
License expiration date per contract terms.
Dates of discovered unauthorized use.
Dates of any communications requesting removal or renewal.

Value Documentation

Original contract rate and what it covered.
Your standard rates for the unauthorized usage type.
Industry rate cards or comparables if available.
Prior renewals or extensions with same or similar brands.

Use monitoring tools: Services like Bynder, CreatorIQ, or manual searches can help identify unauthorized use. Set calendar reminders for license expiration dates to check ongoing compliance.

Letter Strategy

Tone & Approach

Professional but firm. Many violations result from oversight, not malice.
Offer path to resolution: pay retroactive licensing to cure the violation.
Include copyright infringement language to convey seriousness.
Avoid burning bridges if you want future work with the brand.

Letter Components

Content Identification: Specific deliverables, video URLs, content descriptions.
Licensed Rights: Exact scope from contract (dates, platforms, usage types).
Violation Description: How and where the brand exceeded the license.
Evidence Summary: Screenshots, URLs, dates of unauthorized use.
Damage Calculation: Retroactive licensing fees at standard rates.
Demands: Payment amount, takedown, future licensing if desired.
Deadline: 10-14 days for response and payment.
Copyright Notice: Reference to 17 U.S.C. Section 504 remedies.

DMCA takedowns: You can file DMCA takedown requests with platforms hosting infringing content. However, this removes the content without payment. Consider whether you prefer removal or payment for continued use.

Calculation tip: Standard retroactive licensing is 1.5-2x the rate they would have paid upfront. This accounts for the administrative burden of enforcement and discourages future violations.

Sample Usage Rights Violation Letter

[Date] Legal Department [Brand Name] [Address] Re: Unauthorized Use of Licensed Content Creator: [Your Name] / Original Agreement: [Date] Dear Counsel: I represent [Creator Name], a UGC content creator who produced video content for [Brand] under an agreement dated [Contract Date]. The agreement granted [Brand] a license to use the content for [specific terms: e.g., "30 days on Instagram organic posts only"]. LICENSE TERMS Per Section [X] of the agreement, [Creator] granted: - Duration: [X] days from delivery ([Start Date] to [End Date]) - Platforms: [Specific platforms listed] - Usage Type: [Organic posting only / specific usage types] - Territory: [If specified] UNAUTHORIZED USE DISCOVERED [Creator] has identified the following uses exceeding the licensed scope: 1. Term Violation: The content remains live on [Platform] as of [Current Date], [X] days past the [End Date] license expiration. (See Exhibit A: dated screenshot) 2. Platform Violation: The content appears on [Unlicensed Platform], which was not included in the license grant. (See Exhibit B: screenshot with URL) 3. Paid Ad Usage: The content is running as a paid advertisement in Meta Ad Library, when only organic posting rights were licensed. (See Exhibit C: Ad Library screenshot) DAMAGES CALCULATION Based on [Creator]'s standard licensing rates: - Retroactive term extension: [X] additional months at $[Amount]/month = $[Subtotal] - Unlicensed platform fee: $[Amount] per platform x [X] platforms = $[Subtotal] - Paid advertising upgrade: 3x organic rate = $[Subtotal] - Retroactive licensing premium (1.5x): $[Subtotal] - Total due: $[Amount] DEMANDS Within ten (10) days, [Brand] must: 1. Pay $[Amount] for retroactive licensing of all unauthorized use to date; 2. Remove the content from all platforms OR execute a new license agreement at [Creator]'s current rates; 3. Confirm in writing that no additional unauthorized uses exist. The content at issue is protected by federal copyright law. Continued infringement exposes [Brand] to statutory damages under 17 U.S.C. Section 504 of up to $150,000 per work for willful infringement, plus attorney fees. [Creator] has registered/will register the works with the U.S. Copyright Office. Contact owner@terms.law to discuss resolution. [Creator] remains willing to license ongoing use at fair market rates. Sincerely, Sergei Tokmakov Attorney for [Creator Name]

Point to the specific duration language in the contract. Perpetual licenses are valuable and would be explicitly stated and priced accordingly. The absence of perpetual language means a limited term was intended. Most brands know this and are simply testing your enforcement.

This is a business decision. Some creators pause new work until the violation is resolved. Others compartmentalize the dispute from ongoing collaboration. If you continue working, ensure new contracts explicitly reference the outstanding dispute and do not waive prior claims.

Attorney Services & Contact

UGC Licensing Enforcement

I represent UGC creators enforcing usage rights against brands, agencies, and platforms. From demand letters to copyright litigation, I help creators protect their work and get paid fairly.

Email owner@terms.law or schedule a paid strategy session.

Schedule strategy call

Services

Usage rights violation demand letters.
Copyright registration assistance.
DMCA takedown notices and counter-notices.
Retroactive licensing negotiations.
Copyright infringement litigation.
UGC contract review and drafting.

Engagement Terms

📄 Demand letter: Flat fee $450
⏱️ Extended negotiation: $240/hr
📊 Contingency: 33-40% for strong claims
No free consultations. Calendly calls are paid sessions.