Terms.Law Forum

who owns the content I create? — what are my options?

I publish illustrative scenarios prepared by my practice. All participants and conversations are fictional. The fictional posts are not posts by real users, accounts of client experiences, or reports of actual results.
Illustrative scenario prepared by my practice.
This discussion is for informational purposes only and does not constitute legal advice. For specific legal guidance, consult a licensed attorney in your jurisdiction.
Hypothetical question

I'm a mid-tier lifestyle influencer (about 320K followers across platforms) and I just got my first big sponsorship deal with a skincare brand. The money is great but the contract has a clause that says the brand owns "all deliverables created in connection with this agreement, in perpetuity, throughout the universe."

That means if I make a video, a set of photos, and some stories for them, they own all of it forever? They could use my face in their ads for the next 20 years? That feels really wrong for the amount they're paying me.

I don't have an agent or manager yet. Is this standard? What should I push back on?

Illustrative response

Thank you, this is exactly what I needed. The license vs. assignment distinction makes total sense. I definitely don't want to hand over ownership of content featuring my face forever.

Quick question: if I push back on this for what it's worth, is there a risk they just walk away? I don't want to seem difficult. This is a big deal for me financially.

Illustrative response

I work on the brand side and I can tell you: every professional creator negotiates these terms. We expect it. The initial contract is always drafted in our favor because, well, why wouldn't it be? But any brand worth working with will negotiate.

The creators who just sign everything without question are actually the ones we worry about, because it usually means they're inexperienced and might not deliver professional-quality content either.

Common compromises I see: 12-month organic usage license with an option to extend for an additional fee, paid media usage (running your content as ads) at a separate rate, and a "whitelisting" fee if they want to run ads from your account handle.

Illustrative response

Kim's perspective from the brand side is spot on. I'll add that you should specifically address paid media usage (also called "whitelisting" or "dark posting"). This is where the brand runs paid ads using your content or your account. It's worth significantly more than organic posting because your face and credibility are being used to sell directly.

Industry standard is to charge an additional 30-100% of the base fee for paid media rights, depending on duration and spend. Don't bundle this into the base rate.

Also: make sure the contract specifies what happens to the content when the agreement ends. You want a clear takedown provision requiring them to stop using the content within 30 days of expiration, except for any agreed-upon wind-down period.

Illustrative response

Glad you pushed back, Nadia. I signed one of those "in perpetuity" deals early in my career and the brand is still running my content three years later. I've changed my entire look and brand positioning since then, and there's nothing I can do about it. Learn from my mistake.

One more thing: make sure you retain the right to use the content in your own portfolio and on your own channels. Some contracts quietly restrict that too, which is absurd since it's your content featuring you.

Illustrative response

Check if there's a choice of law provision. That determines which state's law applies.