UGC Usage Rights: What to Ask Creators For and for How Long

The short answer: UGC usage rights are the permission you get to reuse a creator's content, and they should say where you can use it, for how long, in which countries and whether you can edit it. Paying for a video doesn't automatically mean you own it. Get those terms in writing before anyone films, and price paid ad use separately.

Not legal advice. This is a general guide, mainly from a US view. Copyright and privacy rules differ by country, so have a lawyer check your terms.

Usually the person who made it. Under US law, a contractor's work is only "made for hire" in limited categories and when "the parties expressly agree in a written instrument signed by them" (17 U.S.C. § 101). A transfer of ownership must also be "in writing" and signed by the owner (17 U.S.C. § 204). So if a creator sends you a video and you pay the invoice, you may have far less than you think. Most brands don't need ownership anyway. They need a clear license.

Organic use means posting on your own channels, where people see it because they follow you or find you. Paid use means putting ad spend behind it. Paid use usually costs more, since the content works harder for you, and shows to more people for longer. Running ads from the creator's own handle goes further, because you're using their identity as well as their video. See whitelisting vs partnership ads vs Spark Ads.

• Campaign only: Good for launches and seasonal content that goes stale anyway.
• 6 months to a year: A sensible default for ads, because creative wears out and you can renew what still works.
• Perpetual: Convenient, but usually priced higher, and many creators will push back. Ask only if you really need it, such as for a product page you won't update.

Put a reminder in your calendar before each term ends. Content left running after rights expire is one of the easiest disputes to avoid.

Customers who post about you aren't creators under contract, and a post being public doesn't give you the right to run it in your marketing.

• Ask directly, by comment or DM, and name where you'll use it.
• Keep a record of their yes, with a link to the original post.
• Credit them when you can.
• Don't reuse posts showing minors, other people's faces or music without checking those rights too.
• If you give them something in return, disclose it where the content appears.

Watch music in particular. A sound that's fine on a creator's TikTok may not be cleared for your brand's ads, so ask for a version without licensed music, or swap it for a track you've cleared.

• Names of both sides, and a description of the content.
• The fee, and what it covers: the content, organic use and any paid use as separate lines.
• Each term from the table above.
• A promise from the creator that the content is theirs to license, including music and other people in the shot.
• Clear disclosure and truthful claims.
• What happens if either side ends the deal.

See our influencer contract guide for the wider contract, and how to pay UGC creators for pricing.

Spark! contracts let you choose content usage rights of 6 months, 1 year, perpetual or campaign duration only, and turn on an exclusivity clause with a period. Creators read and sign in their portal, and can download a copy, which gives you a record of what you agreed. You still need to check any other terms, such as territory or music, and add them in writing. Spark!'s templates are a starting point, so have your own lawyer check what you send.

When you have rights, you can run the content as Meta Partnership Ads or TikTok Spark Ads.

Spark! is $199 a month or $1,990 a year, with no fee on your partners' sales. See Spark! and pricing.

Glossary: UGC usage rights, content rights and influencer whitelisting. Read next: UGC vs influencer marketing and what to pay creators.

Not automatically. In the US, the creator generally keeps the copyright unless a signed written agreement says otherwise. Most brands don't need ownership: they need a written license saying where, how long and how they can use the content.

Many brands choose 6 months to a year, or just the campaign, because ads wear out and rights can be renewed. Perpetual rights are convenient but usually cost more, so ask for them only when you really need them.

Yes. A public post isn't permission to use it in your marketing. Ask the customer, name where you'll use it, keep a record of their answer and credit them when you can.

Yes, if your agreement allows paid use. If it only covers organic use, ask for an extension and expect to pay for it. Say how long the ad will run, and whether it runs from your account or the creator's handle.