Unauthorized Creator Content Reuse Demand Letters

Copyright & Right of Publicity | When Brands Won't Stop Using Your Content

Creator Content Rights Overview
📸 You Own Your Content: Unless work-for-hire or fully assigned, creators retain copyright in their photos, videos, and creative content. Brands get only the limited license specified in the contract - using content beyond that scope is copyright infringement and (in many states) right of publicity violation.
Copyright Ownership

Default rule: Creator owns copyright in content they create

  • Photos: Photographer owns copyright (even if subject is brand's product)
  • Videos: Videographer owns copyright in footage, editing, creative choices
  • Captions/copy: Writer owns copyright in written content
  • Composite works: Creator owns copyright in original elements even if incorporating brand assets

Exceptions (creator does NOT own):

  • Work-for-hire: If creator is employee creating content within scope of employment, OR independent contractor creating specially commissioned work meeting statutory requirements (rare for influencer content)
  • Assignment: Contract explicitly transfers "all rights, title, and interest" in copyright
  • Joint work: If brand and creator both contributed copyrightable expression with intent to merge into unitary work
Limited License vs. Full Transfer
License Element Narrow License Example Broad License Example
Territory "United States only" "Worldwide"
Media "Organic social media posts only" "All media now known or hereafter developed"
Duration "6 months from posting date" "In perpetuity" or "forever"
Purpose "Promoting [specific product] launch" "Advertising and promoting any brand products or services"
Derivative works "No edits without creator approval" "Right to edit, modify, crop, create derivative works"
Sublicense "No sublicensing" "Right to sublicense to affiliates, retailers, agencies"
Common Unauthorized Uses

Beyond license scope:

  • Time overrun: Using content after license term expires (e.g., 6-month license, still using after 2 years)
  • New campaigns: Repurposing content for different product or new campaign beyond original scope
  • Paid ads: Using content in paid advertising when license was for organic posts only
  • Territory expansion: Using in regions outside licensed territory (e.g., using US-only content in European ads)
  • Packaging/print: Using image on product packaging, in-store displays, billboards when license was digital-only
  • Sublicensing: Giving content to retailers, affiliates, or distributors without permission

No license at all:

  • Organic UGC scraping: Taking creator's public social posts and using in ads without permission
  • Post-termination use: Continuing to use content after contract termination
  • Gifting scenario: Brand sent free product, creator posted voluntarily, brand assumes free license (wrong - no license granted)
Right of Publicity Overview

Protects: Name, image, likeness, voice, signature from unauthorized commercial use

State-by-state variation:

  • California: Statutory right (Civil Code § 3344) + common law; includes post-mortem rights (§ 3344.1)
  • New York: Statutory (Civil Rights Law §§ 50-51); no post-mortem rights
  • Other states: Mix of statutory and common law; some states have no recognized right
🚨 Dual Claims: Unauthorized use of creator's photo often violates BOTH copyright (creator owns photo) AND right of publicity (creator's image used without consent). File both claims for maximum leverage.
For Creators: Stopping Unauthorized Use
Evidence Gathering

Before sending demand, compile:

  • Original contract: Collaboration agreement showing license scope (territory, duration, media, purpose)
  • Unauthorized uses: Screenshots of ads, packaging photos, in-store displays, website uses - all with timestamps
  • Ad library archives: Facebook/Instagram/TikTok ad libraries showing paid promotion of your content
  • Proof of ownership: Original files (RAW photos, unedited videos) showing you created content
  • Timeline: When license ended vs. when unauthorized use occurred
  • Geographic evidence: If territory-limited, proof of use outside territory (VPN screenshots, international ad buys)
  • Your value/reach: Follower count, engagement metrics, prior brand deals - shows your commercial value
Demand Letter Strategy

Two-track approach:

  1. Cease-and-desist: Immediate removal of unauthorized content from all platforms, ads, packaging, etc.
  2. Compensation: Payment for unauthorized use (either retroactive license fee or damages)

Leverage points:

  • Copyright infringement remedies: Statutory damages ($750-$30,000 per work, up to $150,000 if willful), actual damages, disgorgement of profits, attorney fees, injunction
  • Right of publicity remedies (CA § 3344): Greater of actual damages or $750, punitive damages, profits from use, attorney fees
  • DMCA takedowns: Threaten to file DMCA notices with platforms hosting unauthorized content
  • Willfulness premium: If brand knew license expired or had no license, statutory damages increase

Settlement menu options:

Settlement Option When to Offer
Immediate cease-and-desist only Relationship salvageable; brief overrun; brand responds quickly
Retroactive license buyout Brand wants to keep using content; calculate market-rate license fee × multiplier (2-3×) for unauthorized period
Cease + modest damages Short-term unauthorized use; seeking quick resolution without litigation
Full statutory damages demand Egregious violation (years of use, major campaigns, willful infringement); preparing for litigation
DMCA Takedown Strategy

When to use DMCA (17 U.S.C. § 512):

  • Platform-hosted content: Instagram, Facebook, TikTok, YouTube, websites using your images
  • Process: File DMCA takedown notice with platform; content removed within days
  • Brand can counter-notice: Claim they have license; you may need to file lawsuit to keep content down
  • Advantages: Fast, free, no lawyer needed for simple cases
  • Disadvantages: Doesn't get you paid; brand can re-upload; works only for copyright (not right of publicity)

Parallel strategy: Send demand letter for payment WHILE filing DMCA takedowns to pressure quick settlement

Valuing Unauthorized Use

Market-rate calculation:

  • Comparable deals: What you've charged other brands for similar usage rights
  • Industry standards: Typical creator rates for your follower count + usage scope
  • License extension: If 6-month license cost $10k, each additional 6 months worth similar amount
  • Usage multiplier: Paid ads worth more than organic; packaging worth more than social; territory expansion commands premium

Damages calculation:

  • Actual damages: License fee you would have charged (hard to prove)
  • Profits: Brand's profits from unauthorized use (very hard to prove causation)
  • Statutory damages: $750-$30,000 per work (or up to $150,000 if willful) - don't need to prove actual damages
  • Right of publicity: CA § 3344 provides minimum $750 + actual damages/profits + attorney fees
⚠️ Registration Requirement: To get statutory damages and attorney fees for copyright, you must register copyright BEFORE infringement (or within 3 months of publication). If not registered, limited to actual damages and injunction. Register your content immediately after creating it.
When to Escalate to Litigation

File lawsuit if:

  • Brand ignores demand or offers insultingly low settlement
  • High-value unauthorized use (major ad campaign, nationwide packaging)
  • Copyright registered (unlocks statutory damages + attorney fees)
  • Clear willful infringement (brand knows it has no rights but continues using)
  • Multiple works infringed (each photo/video = separate work = multiple statutory damage awards)

Don't litigate if:

  • Copyright not registered (weak damages)
  • License terms were ambiguous (hard to prove unauthorized use)
  • Low-value use (small brand, brief use, limited exposure)
  • Brand offers reasonable settlement quickly
For Brands: Responding to Unauthorized Use Claims
Initial Assessment

When receiving creator demand letter, immediately:

  1. Pull contract: Find original agreement, all amendments, and any side agreements
  2. Identify all uses: Audit where/how you're using creator's content (social, ads, packaging, website, third parties)
  3. Check license scope: Does contract actually permit current uses?
  4. Assess willfulness: Did marketing team know license expired? Was use intentional or oversight?
  5. Preserve evidence: Don't delete materials; may need for litigation
Common Defenses
Defense When It Works Limitations
Broad license language Contract says "perpetual," "all media," "worldwide" - creator claiming narrow reading Courts construe ambiguities against drafter (usually brand); if disputed, may not win
Work-for-hire Creator was employee, OR met all statutory work-for-hire requirements for commissioned work Rare for influencer content; requires written agreement + work fitting statutory categories
Assignment of copyright Contract explicitly transferred "all rights, title, interest" in copyright Must be in writing; many contracts say "license" not "assignment"
Consent to publicity use Creator explicitly consented to use of name/image/likeness beyond license term Defeats right of publicity but not copyright claim; must be clearly documented
Fair use Use is transformative, commentary, or de minimis Rarely applies to brand advertising using creator content
Response Options

Option 1: Immediate compliance + apology

  • When: Creator is right; use was clearly unauthorized
  • Action: Take down all unauthorized uses within days; apologize; offer modest compensation
  • Why: Cheapest resolution; avoids litigation; preserves relationship
  • Settlement: Remove content + $5k-$25k depending on scope of use

Option 2: Retroactive license negotiation

  • When: Brand wants to KEEP using content; willing to pay for extended rights
  • Action: Propose license extension/expansion at market rate
  • Why: Content still valuable; cheaper than creating new content; creator gets paid
  • Settlement: Pay retroactive license fee (1.5-2× normal rate) + going-forward license

Option 3: Assert license rights / defend

  • When: Contract language supports brand's use; creator misreading agreement
  • Action: Provide detailed contract analysis showing use is permitted
  • Why: Don't pay for rights you already have
  • Risk: If you're wrong, court awards statutory damages + attorney fees (expensive)

Option 4: Limited cure + dispute rest

  • When: Some uses unauthorized, others arguably permitted
  • Action: Remove clearly unauthorized uses; defend arguably permitted uses; offer nominal settlement
  • Why: Compromise position; shows good faith while protecting rights
Settlement Valuation (Brand Perspective)

Cost-benefit analysis:

Factor Settlement Value
Brief overrun (weeks) $2k-$10k nuisance settlement
Extended overrun (months) Prorated license fee × 1.5-2× premium
Major campaign use $25k-$100k+ depending on campaign scope
Copyright registered Add 50-100% (statutory damages risk)
Multiple works infringed Multiply by number of separate works
Willful infringement Add 50-100% (punitive damages risk)

Litigation cost comparison:

  • Defense through trial: $50k-$150k in attorney fees
  • Statutory damages exposure: $750-$150k per work
  • Attorney fees if you lose: Creator recovers their legal costs from you
  • Math: Settling for $10k-$50k often cheaper than fighting, even if you might win
Best Practices to Avoid Future Claims
  • Clear license scope: Specify exactly what rights you're getting (territory, media, duration, purpose)
  • Rights management system: Track when licenses expire; calendar reminders
  • Content library tagging: Tag each asset with license expiration and permitted uses
  • Approval process: Require legal review before using creator content in new campaigns
  • Buyouts when needed: For hero content you'll use long-term, pay for perpetual worldwide rights upfront
  • Regular audits: Quarterly review of all creator content in use; confirm still within license
Sample Unauthorized Use Demand Letters
Sample 1: License Expired - Continued Use
[Creator Name] [Address] [Email] [Date] [Brand Name] [Address] Attn: Legal Department / General Counsel Via Email & Certified Mail Re: Copyright Infringement and Right of Publicity Violation - Cease and Desist Dear [Brand]: I am writing regarding your unauthorized use of my copyrighted photographs and likeness in violation of our expired licensing agreement and California law. ORIGINAL AGREEMENT: On [date], we entered into an Influencer Collaboration Agreement (attached) wherein I granted [Brand] a limited license to use photographs I created featuring [Brand's products]. The license terms were: • Territory: United States only • Media: Organic social media posts (Instagram and TikTok) • Duration: 6 months from posting date ([Start Date] through [End Date]) • Purpose: Promoting [specific product] launch • Compensation: $[Amount] LICENSE EXPIRED [Date]. All rights reverted to me. CURRENT UNAUTHORIZED USES: Despite license expiration, [Brand] continues to use my content without permission: 1. PAID ADVERTISING (beyond license scope): • Facebook/Instagram paid ads running since [date] (see Ad Library screenshots attached) • License was for ORGANIC posts only; paid ads were never permitted • Ads running in [Countries] - outside licensed US-only territory 2. WEBSITE USE (beyond license term): • My photos displayed on [Brand website URL] as of [current date] • License expired [X months] ago 3. PACKAGING (beyond license scope): • My photograph appears on [Product] packaging (photo attached) • License never included packaging rights 4. EMAIL MARKETING (beyond license scope): • My image used in email campaign sent [date] (forwarded copy attached) COPYRIGHT INFRINGEMENT: I own the copyright in all photographs (17 U.S.C. § 102). I have registered the works with the U.S. Copyright Office (Registration # [if registered]). Your unauthorized use constitutes willful copyright infringement under 17 U.S.C. § 501. Remedies available to me: • Statutory damages: $750-$150,000 per work (higher end for willful infringement) • Actual damages and disgorgement of your profits • Injunctive relief • Attorney's fees and costs (17 U.S.C. § 505) RIGHT OF PUBLICITY VIOLATION (California Civil Code § 3344): Your use of my photograph (depicting my likeness) for advertising and selling products without my consent violates California Civil Code § 3344. This statute provides: • Damages: Greater of actual damages or $750 • Punitive damages • Profits from unauthorized use • Attorney's fees Your violation is knowing (license clearly expired; you were aware of term limits). DEMAND: I demand you immediately: 1. CEASE ALL USE: • Remove my photographs from all paid advertising (Facebook, Instagram, TikTok, Google, etc.) • Remove my images from [Brand] website, email marketing, and all digital properties • Cease production and distribution of packaging using my photograph • Cease all use within 72 hours 2. PROVIDE ACCOUNTING: • Identify all uses of my content since license expiration • Provide ad spend data (impressions, reach, dates) for paid campaigns • Identify all product sales using packaging with my image 3. PAY DAMAGES: • Retroactive license fee: $[Amount] (market rate for actual usage × 2 premium for unauthorized use) • Right of publicity damages: $[Amount] • Total: $[Amount] SETTLEMENT ALTERNATIVE: If [Brand] wishes to CONTINUE using my content going forward, I will consider licensing extension. Contact me within 7 days to discuss terms. Otherwise, all use must cease immediately. DEADLINE & CONSEQUENCES: You have 7 days to: • Confirm all uses removed • Provide usage accounting • Propose settlement OR accept my demand If you do not comply, I will: • File DMCA takedown notices with all platforms hosting my copyrighted content • File lawsuit in [Federal District Court / Superior Court] for: - Copyright infringement (seeking statutory damages of $150,000 per work + attorney fees) - Right of publicity violation (Cal. Civ. Code § 3344) - Injunctive relief • Report violation to Meta, TikTok, and Google ad platforms I prefer to resolve this without litigation. Please respond promptly. Sincerely, [Your Signature] [Your Name] Enclosures: • Original Influencer Collaboration Agreement • Copyright registration certificate (if applicable) • Screenshots of current unauthorized uses • Ad Library archives • Photos of packaging using my image
Sample 2: No License - UGC Scraped for Ads
[Creator Name] [Address] [Date] [Brand Name] Legal Department [Address] Re: Unauthorized Use of My Content in Advertising - Immediate Cease and Desist Required Dear [Brand]: I am writing regarding [Brand]'s unauthorized use of my copyrighted content and likeness in your advertising campaigns. NO LICENSE GRANTED: I have NEVER entered into any agreement with [Brand]. I have never been paid by [Brand], never received free products from [Brand], and never authorized [Brand] to use my content. UNAUTHORIZED USE: [Brand] has taken my content from my public Instagram account and used it in paid advertising without my permission: 1. Instagram Ad Campaign: • [Brand] is running Instagram ads featuring my photograph/video (screenshot attached) • Ad shows [describe content: "me using/wearing product"] • Ad includes my Instagram handle [@YourHandle], implying endorsement • Ad Library shows campaign active since [date] 2. Facebook Ad Campaign: • Same content used in Facebook ads • Campaign targeting [demographics/regions] SOURCE OF CONTENT: The content was originally posted on my Instagram account [@Handle] on [date]. It was: • Posted organically by me (not sponsored) • [I purchased the product myself / received as gift from friend / etc.] • NEVER intended as advertisement or endorsement for [Brand] I did NOT tag [Brand], use #ad or #sponsored, or in any way indicate commercial relationship. This was personal content. LEGAL VIOLATIONS: 1. COPYRIGHT INFRINGEMENT: • I own copyright in my photographs/videos (17 U.S.C. § 102) • [Brand] copied my work without license • Use in paid advertising is commercial infringement 2. RIGHT OF PUBLICITY (Cal. Civ. Code § 3344): • [Brand] is using my name/image/likeness for commercial purposes without consent • Statutory damages: minimum $750 + actual damages + profits + attorney fees 3. FALSE ENDORSEMENT: • Using my content in ads implies I endorse [Brand] - I do not • Violates Lanham Act § 43(a) (false endorsement) • Violates state unfair competition laws DAMAGE TO MY REPUTATION: I am a content creator and influencer with [X] followers. [Brand]'s unauthorized use: • Implies I accepted payment/free products without disclosure (FTC violation appearance) • Damages my credibility with my audience • Devalues my future brand partnerships (why pay me if [Brand] gets free content?) • Uses my likeness to endorse products I may not support DEMAND: Immediately (within 48 hours): 1. REMOVE ALL ADS using my content from all platforms 2. PROVIDE ACCOUNTING of campaign (dates run, impressions, spend, regions) 3. CONFIRM you will not use my content in future Within 7 days: 4. PAY COMPENSATION: • Market-rate influencer fee for actual usage: $[Amount based on your normal rates × campaign duration] • Statutory right of publicity damages: $[Amount] • Reputation damages: $[Amount] • Total: $[Amount] ALTERNATIVE: If [Brand] wishes to LEGITIMATELY license my content for future use, contact me to discuss paid partnership on proper terms (with contract, FTC-compliant disclosure, and appropriate compensation). CONSEQUENCES OF NON-COMPLIANCE: If ads not removed within 48 hours: • DMCA takedown notices filed with Facebook/Instagram • Lawsuit for copyright infringement + right of publicity violation + false endorsement • Public statement on my social channels about unauthorized use (my audience deserves to know) If compensation not paid within 7 days: • Lawsuit seeking statutory damages ($150,000 per work if willful) + attorney fees This is serious. You are using my creative work and personal image to profit without my permission. Respond immediately. Sincerely, [Your Signature] [Your Name] CC: [Brand]'s Meta Ads Account (via copyright infringement report)
Sample 3: Retroactive License Offer
[Creator Name] [Email] [Date] [Brand Name] [Address] Re: License Violation + Settlement Proposal Dear [Brand]: I am writing regarding your unauthorized use of my content beyond our agreed license scope. LICENSE SCOPE: Per our agreement dated [date], I licensed [X] photographs to [Brand] for: • Social media organic posts only • 6-month term • Compensation: $[Amount] UNAUTHORIZED EXPANSION: [Brand] has used my content beyond license scope: • Paid advertising (not included in organic-only license) • Term overrun (license ended [date]; ads still running as of [current date]) This constitutes copyright infringement and breach of contract. SETTLEMENT PROPOSAL: Rather than pursue litigation, I propose the following settlement: OPTION A - RETROACTIVE LICENSE + FUTURE RIGHTS: • Retroactive license for past unauthorized use: $[Amount] • Extended license for next 12 months (paid ads included): $[Amount] • Total: $[Amount] This allows [Brand] to: • Continue current campaigns without interruption • Use my content in paid advertising going forward • Avoid litigation and DMCA takedowns OPTION B - CEASE + DAMAGES: • Remove all ads immediately (within 3 days) • Pay damages for unauthorized use: $[Amount] • No future rights I prefer Option A (ongoing partnership) if [Brand] values the content. However, if [Brand] prefers to end use, Option B resolves past infringement. Please respond within 7 days with chosen option or counter-proposal. If no response, I will file DMCA takedowns and pursue statutory damages. Sincerely, [Your Name]
California Right of Publicity Law
California Civil Code § 3344 - Statutory Right
📋 California Advantage: California has one of the strongest right of publicity statutes in the U.S. Section 3344 provides clear remedies and attorney fee recovery, making it powerful leverage in demand letters against brands using creator images without consent.

Section 3344(a) provides:

"Any person who knowingly uses another's name, voice, signature, photograph, or likeness, in any manner, on or in products, merchandise, or goods, or for purposes of advertising or selling, or soliciting purchases of, products, merchandise, goods or services, without such person's prior consent... shall be liable for any damages sustained by the person or persons injured as a result thereof."

Elements:

  1. Defendant knowingly used plaintiff's name/voice/signature/photograph/likeness
  2. For commercial purposes (advertising, selling, or soliciting purchases)
  3. Without prior consent
  4. Resulting in injury to plaintiff
Remedies Under § 3344
Remedy Amount Notes
Actual damages Harm suffered Lost licensing fees, business opportunities, reputation damage
Statutory damages (alternative) $750 minimum Can elect statutory damages instead of proving actual damages
Profits from unauthorized use Defendant's profits Can recover in addition to actual damages or statutory damages
Punitive damages Discretionary Available for malicious or oppressive conduct
Attorney's fees and costs Prevailing plaintiff's fees Makes even small claims economical to pursue
Injunctive relief Court order to stop Prevent continued use
Post-Mortem Rights (§ 3344.1)

For deceased personalities:

  • Duration: 70 years after death
  • Transferable: Rights pass to heirs/designated transferees
  • Registration: Must register claim with Secretary of State
  • Same remedies: Damages, profits, attorney fees, injunctive relief
  • Use: Protects estates of celebrities, public figures from unauthorized commercial exploitation
Comparison: California vs. Other States
State Basis Damages Post-Mortem Rights
California Statutory (§ 3344) + common law $750 min or actual damages + profits + attorney fees Yes - 70 years (§ 3344.1)
New York Statutory (Civ. Rights §§ 50-51) Actual damages + profits; criminal misdemeanor penalties No
Illinois Statutory (765 ILCS 1075) Actual damages + profits Yes - 50 years
Tennessee Statutory (Tenn. Code § 47-25-1101) Actual damages, punitive damages, profits Yes - varies
Texas Common law (no statute) Actual damages, unjust enrichment Unclear
Defenses to Right of Publicity Claims

Common defenses (often unsuccessful for advertising use):

  • Consent: Plaintiff gave permission (burden on defendant to prove)
  • Newsworthiness: Use was for news reporting, not advertising (narrow exception)
  • First Amendment: Expressive/artistic use (music, film, books) vs. pure advertising (less protection)
  • Incidental use: Appearance was incidental, not for commercial exploitation (rarely succeeds)
  • Transformative use: Work adds creative elements transforming original (Comedy III test) - does not apply to straight advertising use
Strategic Use in Demand Letters

Why cite § 3344 in demands:

  • $750 minimum: Even if can't prove big damages, guaranteed $750 per violation
  • Attorney fees: Prevailing plaintiff recovers legal costs - makes litigation threat credible
  • Knowing use standard: If brand aware they're using your image (which they are if running ads), element met
  • Separate from copyright: Can pursue both copyright and right of publicity claims - double leverage
  • No registration required: Unlike copyright statutory damages, § 3344 damages available without pre-registration

Demand letter language:

"Your unauthorized use of my photograph depicting my likeness in [Brand] advertising violates California Civil Code § 3344. This statute provides for: • Minimum statutory damages of $750 • Actual damages (lost licensing fees of $[Amount]) • Disgorgement of profits from unauthorized use • Punitive damages for knowing violation • My attorney's fees and costs I am entitled to recover these remedies in addition to copyright infringement damages for the same conduct. Combined exposure exceeds $[Amount]."
Attorney Services - Content Rights & Licensing
Brand Using Your Content Without Permission?

I represent creators and influencers in copyright infringement and right of publicity cases. I handle demand letters, DMCA takedowns, and litigation to stop unauthorized use and recover damages. I also advise brands on licensing compliance and defend against creator claims.

Services for Creators
  • Draft cease-and-desist letters for unauthorized content use
  • Pursue copyright infringement claims (registered and unregistered works)
  • File right of publicity claims under California Civil Code § 3344
  • File DMCA takedown notices with platforms
  • Negotiate retroactive licensing and settlements
  • Litigate copyright and publicity rights cases
  • Register copyrights to preserve statutory damages and attorney fee rights
  • Review brand contracts before signing (negotiate better usage terms)
Services for Brands
  • Defend against creator unauthorized use claims
  • Analyze license agreements to determine scope of rights
  • Negotiate settlements when use exceeded license
  • Implement rights management systems to track license expirations
  • Draft influencer contracts with clear usage rights
  • Respond to DMCA takedown notices
  • Conduct content audits to ensure licensing compliance
Representative Matters
  • Creator: Recovered $85k for unauthorized use in national ad campaign (copyright + § 3344)
  • Creator: Settled $45k for brand continuing to use content 18 months after license expiration
  • Creator: Obtained injunction + $25k for UGC scraping used in paid ads without permission
  • Brand: Defended against $200k demand; settled for $35k after proving license permitted use
  • Brand: Negotiated retroactive license buyout ($50k) allowing continued use of hero content
Why Copyright & Publicity Experience Matters
Dual Expertise: Content rights cases combine copyright law (federal) and right of publicity (state, varies). I handle both claims together, maximizing leverage and damages. I also understand influencer industry norms for valuing licensing rights.
Fee Structures
  • Demand letter: Flat fee $450
  • Copyright registration: Flat fee ($500-$750 per work)
  • DMCA takedown campaign: Flat fee ($750-$1,500 for multiple notices)
  • Litigation (creator): Contingency (33-40%) or hybrid (reduced contingency + statutory fees/costs if we win)
  • Brand defense: Hourly ($300-$500/hr) or flat fee for settlement negotiations
  • Contract review/drafting: Flat fee ($750-$2,000)
Schedule a Call

Book a call to discuss your content rights dispute. Whether brand is using your work without permission or you're facing creator claims, I'll assess your case and recommend strategy.

Contact Information

Email: owner@terms.law

Frequently Asked Questions
No, but register ASAP. You can send demand letter and pursue injunction without registration. However, to get statutory damages ($750-$150k per work) and attorney fees in lawsuit, copyright must be registered BEFORE infringement OR within 3 months of first publication. Without registration, limited to actual damages (hard to prove) and injunctive relief. Strategy: Send demand letter immediately, simultaneously file copyright registration ($65 online, processed in 3-12 months). If brand doesn't settle, registration will process before trial, preserving statutory damages. Expedited registration ($800) processes in 1-2 weeks if litigation urgent.
Yes. Posting content publicly on social media does NOT grant brands license to use it in advertising. Instagram ToS gives Instagram/Meta license to display your content on their platform, but does NOT give third parties (brands) rights to scrape and use in paid ads. If brand takes your organic post and uses in their advertising, that's copyright infringement + right of publicity violation. Your posting was personal expression, not commercial endorsement. Brand must get your consent and pay you. Courts consistently hold that brands can't freely use UGC in ads without creator permission, even if originally posted publicly.
Depends on scope and your leverage. Formula: (What you would have charged for actual usage) × (1.5-3× premium for unauthorized use). Factors: (1) Your normal rates (follower count, engagement, past deals), (2) Scope of use (paid ads worth more than organic; national campaign worth more than local; long-term worth more than brief), (3) Duration of unauthorized use (weeks vs. years), (4) Whether copyright registered (if yes, add statutory damages threat), (5) Willfulness (did they know license expired?). Examples: 6-month license overrun by micro-influencer: $5k-$15k. Major brand using mega-influencer content for year in national campaign: $50k-$200k+. If copyright registered, can demand statutory damages ($150k per work) for settlement leverage.
You likely gave away too much, but review entire contract with attorney. "Perpetual worldwide all media" is broad grant - brand can use forever, anywhere, in any format. However, even broad licenses can have limitations: (1) Purpose limitation ("for promoting [specific product]" - can't use for different product), (2) Derivative works ("no right to edit/modify" - can't crop or alter), (3) Exclusivity works both ways ("exclusive license" may prohibit sublicensing to affiliates). Also check: Was consideration adequate? (Contracts giving away valuable rights for nominal payment may be challenged.) Was there fraud/misrepresentation during signing? Courts sometimes narrow overbroad grants via contract interpretation. Many "perpetual" contracts still prohibit specific uses. Have lawyer review before assuming you have no recourse.
Strategy choice. Option 1: Demand letter first, DMCA if ignored. Gives brand chance to pay you and keep using content (better for you financially). Option 2: DMCA takedowns immediately + demand letter for past use. Gets content down fast; forces brand to negotiate or lose content. Option 3: Both simultaneously. File DMCA to stop new damage while negotiating payment for past use. Considerations: (1) If brand responsive and you want to license, start with demand. (2) If brand ignored prior requests or use is severely damaging your brand, DMCA immediately. (3) DMCA free and fast but doesn't get you paid. Demand letter can get compensation. Best: Demand letter threatening "file DMCA in 48 hours if no response" combines both pressures.

Unauthorized Content Reuse — When Brands Steal Creator Content

Content creators regularly discover brands, businesses, and other accounts using their photos, videos, and other content without permission or payment. This unauthorized use ranges from brands reposting influencer content beyond the licensed scope to companies outright stealing creator content for ads. Under copyright law, creators own their original content the moment it's created, and using that content without permission is infringement. Creators have powerful tools to stop unauthorized use and recover compensation—including DMCA takedowns and copyright infringement lawsuits with statutory damages up to $150,000 per work infringed.

Common Unauthorized Content Reuse Scenarios

Creator Rights Under Copyright Law

Creators own copyright in their original photos, videos, written content, and other creative works the moment of creation—no registration required (though registration unlocks additional remedies). Copyright owners have exclusive rights to reproduce, distribute, publicly display, and create derivative works from their content. Any use without permission is infringement. For infringement, creators can recover: (1) actual damages and infringer's profits attributable to the infringement, or (2) statutory damages of $750-$30,000 per work ($150,000 if infringement was willful)—statutory damages require pre-infringement registration. Creators can also recover attorney fees in successful cases if the work was registered before infringement.

What Creators Can Recover for Unauthorized Use

Demand Letters and DMCA Takedowns for Content Theft

When you discover unauthorized use, you have two main tools: demand letters and DMCA takedowns. Demand letters seek payment—send before DMCA if you want compensation and would license to the brand at a price. DMCA takedowns get content removed fast but don't get you paid. Best strategy for most creators: send demand letter with 48-72 hour deadline threatening DMCA takedown if no response. This combines pressure for payment with threat of content removal. Document everything before sending: screenshot the unauthorized use with timestamps, preserve URL and platform information, and calculate your normal licensing rates. If the brand ignores your demand, file DMCA takedowns with the platforms hosting the content and consider escalating to litigation for repeat or high-value infringers.