In influencer/creator marketing, it's important to understand who owns the content and where it can be used. This is known as content ownership and usage rights.
Who owns the content in influencer marketing?
By default, the influencer owns the content they create, even if it's for a brand partnership. This means that the brand has to get the influencer's permission to use the content in any way.
What are usage rights?
Usage rights define how the brand can use the influencer's content. This includes things like:
Where: Which channels can the brand use the content on?
How long: For how long can the brand use the content?
Paid vs organic: Can the brand use the content in paid advertising campaigns?
Online vs offline: Can the brand use the content in offline marketing materials?
Commercial: Can the brand use the content for commercial purposes?
Crediting: Will the influencer be credited as the creator of the content?
Alteration: Can the brand alter the content in any way?
How to get ownership of content in influencer marketing
There are two main ways to get ownership of content in influencer marketing:
Retaining ownership: The influencer retains full ownership of the content and licenses it to the brand for use on agreed channels for a limited period of time.
Transferring ownership: The influencer transfers ownership of the content to the brand.
The best option for you will depend on your individual circumstances and the specific campaign. If you want to retain control over how your content is used, then you should license it to the brand. If you're happy for the brand to own the content, then you can transfer ownership.
Negotiating usage rights
When negotiating usage rights, it's important to be clear about what you want and what you're willing to give. Here are some things to keep in mind:
Territories: Where can the brand use the content?
Length of time: For how long can the brand use the content?
Platform: On which channels can the brand use the content?
Organic vs paid: Can the brand use the content in paid advertising campaigns?
Online/offline: Can the brand use the content in offline marketing materials?
Commercial: Can the brand use the content for commercial purposes?
Crediting: Will you be credited as the creator of the content?
Alteration: Can the brand alter the content in any way?
It's also important to have a written contract in place that outlines the agreed-upon usage rights. This will help to protect both you and the brand in case of any disputes.
Conclusion
By understanding content ownership and usage rights, you can protect your rights and ensure that your content is used in the way that you intended. By negotiating clear usage terms in your contract, you can build trust with influencers and create successful campaigns.
Additional tips:
Be transparent with influencers. Let them know what you plan to use their content for and how long you plan to use it.
Be flexible in your negotiations. Be willing to compromise in order to reach an agreement that works for both you and the influencer.
