When you pay for a UGC video, you are buying a permission.
The file reaches you through WeTransfer or Google Drive, but what you actually bought is permission to use it in certain ways, in certain places and for a certain time. That is what usage rights are. They decide whether you can put the video in a paid ad, whether you can cut it into other versions, and whether you can still have it running six months from now. As a creator, this is one of the conversations I have most often with brands, and the one most often left unfinished. Here I explain what is at stake, with the general principles that apply in most countries and the rules on Meta and TikTok, so you know what to ask for before you sign.
This article is practical guidance, not legal advice. Rules differ from country to country, so for a contract with high fees, long exclusivity or several markets, show it to a lawyer where you operate.
What is protected in a UGC video
In a UGC video, two things are protected at the same time.
The first is the image of the person who appears: their face, voice and likeness. Rules on image and personality rights vary by country, and so does how strictly they apply to advertising, but the safe working rule is the same everywhere: the creator's face in your ad depends on what they agreed to, even if you paid for the video. Paying for the production is not the same as getting permission to use someone's likeness in your marketing.
The second is the video itself. Video is a creative work, and copyright protects it. Who owns the copyright in a commissioned video depends on the country and on the contract. In many places, unless the agreement says otherwise, the starting point is that it stays with the person who made it, not the person who paid. Elsewhere the rules for commissioned work are different. You don't need to know every country's position if you do one thing: put it in writing.
What you will usually need from the creator is a licence to use: permission to use the video, without the copyright changing hands. A good licence is written down and states:
- the form of use: which channels and which kind of use, organic or paid;
- the time: a start and an end date;
- the territory: the countries or markets;
- the fee: what is paid for that use.
In practice, this means a "feel free to use the video however you like" said on a call is worth very little. What counts is what is written, and anything left unwritten tends to work against whoever needed it. Transferring the copyright outright and forever (an assignment or full buyout) is a different and bigger step, normally done with its own formal written terms. It is almost never what a brand needs.
Where and how you can use the video
The first thing to agree is where the video will appear.
Organic use means posting the video on the brand's profiles, website or newsletter, without paying to promote it. It reaches people who already follow or visit you.
Paid ad use means running the video through Meta Ads Manager, TikTok Ads Manager or Google, paying to reach people who don't know you yet. This is where the video works hardest, and that is why it is agreed separately. An example: the video I made for Hiwell ran as a paid ad and reached 514,036 video views and 1,268 clicks. That was only possible because ad use was agreed from the start. See the full case study.
Because a good licence states the form of use, an agreement that only says "social media" leaves you unsure whether you can put ad spend behind that video. Name the platforms, and think about less obvious places too: the website, a product page, a screen in a shop or at a trade show, a sales deck.
Raw files and new versions
Raw files are the recordings exactly as they came out of the camera, with no cuts, subtitles or music. They let your team build versions that weren't in the delivery: another opening, another length, another format.
Receiving the files is not the same as being allowed to edit them. Adapting, cutting and re-editing a video are uses in their own right, and the copyright owner controls them. If you want to cut, combine or re-edit, the agreement should licence it explicitly, for the delivered video and for the raw files, and should also say that new versions carry the same usage rights as the original video.
Term, territory and exclusivity
The term. Three months of ads and a year of ads are different permissions. Write a start date and an end date. Phrases like "for the duration of the campaign" cause arguments when the campaign runs longer.
The territory. If you only sell in the UK, write the UK. If you plan to launch in Ireland, the EU or the Middle East next year, cover that now. If the video is in English for an international market, agree it from the outset. The same applies to language versions: I film in English and Portuguese, and with creators from my community I can deliver for other markets and languages, so it helps to plan the territories together.
Exclusivity. It can mean two things. A licence can be exclusive or non-exclusive, and the agreement should say which; a non-exclusive licence means the creator could also license that same video to others, which for a video of your product matters little. What usually matters to a brand is category exclusivity: the creator agrees not to film for direct competitors for a certain time. It's a legitimate request, but it closes doors for the person filming, so it goes into the budget. If you ask for it, write down which brands or what type of product are excluded, and for how many months. If you sell invoicing software, you don't need the creator to stop filming for skincare brands.
Partnership ads and Spark Ads
Some ads appear with the creator's name and profile at the top instead of the brand's. In the industry this is often called whitelisting.
On Meta they are called partnership ads (previously branded content ads). The creator can grant permission for a specific post, by sharing a partnership ad code, or grant account-level permission, in which case the brand can create ads using their identity without them having posted anything. Meta states that the creator can revoke these permissions at any time, and that partnership ad permissions don't set compensation or transfer ownership of content. Scope, duration, exclusivity and compensation are left to the agreement between the two parties.
On TikTok they are called Spark Ads. They use a post on the creator's account. The creator turns on ad authorisation for that video and generates a code for 7, 30, 60 or 365 days. The brand enters the code in TikTok Ads Manager, and the views, likes, comments, shares and follows from the ad count toward the original post. When the authorisation expires, the brand can no longer use the video and the creator has to extend it.
These ads use the creator's identity, not just the video, so they need their own term in the agreement, separate from the term for using the video on the brand's account. I explained the step by step in Meta partnership ads.
What to write in the agreement
Whether it's a contract or a proposal accepted by email, the document should answer these questions:
- Where can I use the video: brand profiles, paid ads, website, elsewhere? On which platforms?
- For how long, with what start and end date?
- In which countries?
- Is there category exclusivity? For which brands or products, and for how many months?
- Do I receive the raw files? Can I edit them, and do new versions carry the same rights?
- Are there partnership ads or Spark Ads? From which post, and for how long?
- Can the creator show the video in their portfolio?
- What happens at the end of the term, and how is it renewed?
When the term ends
At the end of the term, you no longer have permission for the use that has ended. Ads with that video have to stop, unless you renewed beforehand. What is already posted on the brand's profiles depends on what you agreed: in some agreements those posts stay, in others they come down.
Forgotten ads still running months after the term are the most common complaint from creators, and the fastest way to spoil a relationship that was going well. Put a reminder in the calendar. And if an ad is still selling near the end, talk to the creator a few weeks before. Renewing is a short conversation. Replacing an ad that works forces you to start testing again.
How I do it
I agree rights per platform and per period and write them into the proposal before filming. Ad use and extra uses, such as raw files, exclusivity or partnership ads, are agreed separately, so you only pay for what you will use. If you don't yet know how you'll use the video, tell me the goal and I'll help you choose. After delivery I stay available, so extending or renewing the rights as your campaign grows is easy. Ask for a proposal here.
Sources
- Meta Business Help Centre: partnership ads and permissions (accessed November 2026)
- TikTok Business Help Centre: Spark Ads and authorisation codes (accessed November 2026)
