Influencer Content Usage Rights 101: Pricing, Contracts, and More
With the number of influencers continuously growing, influencer content usage rights have become a hot topic. Whether you’re a brand or a creator, understanding usage rights is the key to a successful business relationship.
Companies are now spoiled for choice when choosing influencers. Platforms like Collabstr can help you find the right influencers to promote your brand. And, they also provide contract templates in which you can specify usage rights.
With that being said, let’s dive into the world of influencer content usage rights.
What are Usage Rights?
Usage rights are a legal agreement between an influencer and a brand regarding how the brand will use the influencer’s content and for how long the brand will use the content.
The usage rights should specify details such as which channels the content will be used on, as well as who actually owns the content.
Typically, the agreement is drawn up in a contract, and other times the agreement can be made in writing via email or various instant messaging platforms.
Here’s an example of an influencer usage agreement taken from our influencer contract template tool:
Types of Usage Rights
There are two primary types of usage rights in the context of influencer content marketing:
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A Creative Commons license: This type of license is a common way for content creators to give brands permission to use their content, normally for free. However, there will often be restrictions and conditions when using it. For example, you might not be allowed to change the content in any way. Brands will also need to give credit to the original owner when posting it. All of these details will be specified in the contract.
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A Commercial or other licenses: When content is protected with these licenses, brands need permission to use it. This usually, but not always comes with a cost.
Example of Influencer Contract/Agreement Templates
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Influencer Contract
See below for an example of what details an influencer contract must include.
The agreement covers all bases, from the terms of the contract to payment. There is a section for both the influencer and advertiser, and then a larger section detailing the terms and conditions of the arrangement. If either party wants to add, edit, or delete something within the contract, they must discuss it and agree with it beforehand.
Below, you will see the details of this example contract close-up:
The Copyright section of the contract specifies who owns the work. You will notice that it also includes the rules to follow, such as both parties being able to share the media. It is essential to agree on such terms before starting your business relationship.
For more information on what to include in an influencer contract, we at Collabstr have put together a free influencer contract template, which will help give you a lowdown on all the details you need to include.
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Copyright Agreement
In our second example, we have a copyright agreement. Although the previous example had a small section relating to copyright, this agreement goes into more detail about the copyright terms and conditions.
This particular agreement is more formal than the previous example. With agreements such as these, it can be a good idea to consult a lawyer before signing. This is to make sure you are fully aware of what you are agreeing to.
You may use both an influencer contract and a copyright agreement when working with influencers.
Why are Usage Rights Important in Influencer Marketing?
Without a detailed contract, there are no legal boundaries to work within. Think of your contract as a clear set of rules for your brand and your chosen influencer to follow. Usage rights are no exception, as it helps to protect the influencer’s content from improper use and sets the standard for how brands use said content.
Let’s delve into a few more reasons why usage rights are crucial:
Greater Understanding of Legal Obligations
Usage rights make it simpler for brands to understand their legal obligations. Without them, brands may accidentally find themselves involved in a legal battle. Copyright infringement, for example, might cost a brand a considerable amount of money while also doing irreparable harm to its reputation.
Promote a Consistent Brand Image
Brand consistency helps consumers to recognize your brand and know what to expect from you. It is a vital component in building a loyal customer base. Usage rights give you greater consistency. You can make sure that the content you use matches your brand’s core messaging, style, and values.
Greater Control Over Content
When you have usage rights in place, you have control over the type of content you use. You can confidently devise your marketing plans around the content without worrying whether it will align with your goals.
Additionally, influencers are offered greater protection over their content, as they’re able to define how it’s used and who exactly can use it. Usage rights are there to protect an influencer’s brand as much as it is yours.
The Ultimate Guide to Influencer Usage Rights
According to a Statista survey, 54% of organizations worked with as many as 10 influencers in 2022. Interestingly, the same survey found that 3% of organizations worked with more than 1,000 influencers.
This study shows how popular influencer marketing has become.
But, this boom in popularity comes with increased responsibilities for influencers to protect their much-sought after content.
Collabstr makes it easy for brands to connect with influencers so you can launch a professional influencer marketing campaign. You can find influencers in your niche, set targets and, of course, create your bespoke contracts.
Next, we’ll go through five rules of thumb when defining your influencer usage rights.
Set Out Your Ideas in Writing
Your first step to working with an influencer is to set out your ideas and terms in writing. This should be in the form of a contract. Once they sign it, the contract will serve as written permission from the influencer for you to use their content.
In your contract, specify your terms and conditions. Think about what kind of content you would like and where you will use it. You must also include how long you propose to use the content, in addition to any plans to edit it.
Be Specific
All contracts should be specific. And an influencer usage rights contract is no exception. Put together your plan of action and include all the relevant details in your contract.
State how and where you intend to use the content. Will it be on social media platforms? If so, which ones? Alternatively, you may use the content on web pages, marketing emails, or Google Ads.
Being specific helps to ensure everyone involved is on the same page.
If you’re not sure what to include in each section of the contract, Collabstr has put together a list of points. These include:
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Scope of project - An overview of the project. It includes the influencer’s responsibilities, as well as the length of time you anticipate it will last.
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Description of services - Here is where you will provide more details of the services you require, such as the type of content and platforms you want it to be posted on.
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Deliverables and milestones - In this section, include any conditions or specific requests.
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Feedback and approval - Provide details such as the number of revisions you can ask the influencer to complete.
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Payment terms - Will there be an hourly fee or a flat rate? Also, specify when you will pay the influencer.
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Disputes resolution and termination - Describe how you will resolve any disputes that might arise. You should also cover all possible reasons why one of you might terminate the contract.
The best practices for contacting influencers are covered in detail on the Collabstr blog.
Give Credit Where Credit is Due
If you’re using content that an influencer has created, you must give them credit. This is important for the influencer to gain recognition for their work. If you’re posting their content on social media, you can simply tag them. Alternatively, if you’re using their content on your website, including a photo credit is a great way to give thanks for their work.
Monitor usage
When you use an influencer's content, you must be sure to keep tabs on how it is used across your platforms and channels. This is to ensure that your company sticks to the terms outlined in the contract. If you do run into any problems in this regard, speak with the influencer as soon as possible so that you can work together to resolve the issue.
Consider compensation
If the influencer wants to be compensated for you using their content, discuss it before beginning the project. You might find that the influencer is happy with just getting credit for their work. Or, you might find you need to pay a fee. Either way, these details should be outlined in the contract.
Conclusion
Influencer content usage rights and contracts are an essential component of influencer marketing campaigns. Be sure to stick to the rules above. This will help you ensure you don’t run into any legal problems down the road. It will also help you to define your campaign and manage it with minimum fuss.
If you’re ready to jump into the world of influencer marketing, Collabstr is the place to be. We work with brands and agencies to connect them with influencers and their content. Quickly and easily buy custom content like sponsored posts, testimonial videos, product photos and ads.
