Amanda Schreyer, a media, marketing, and technology lawyer and counsel at Morse, a law firm based out of Waltham, MA.Influencers who create content for brands own the legal rights to that content. This means that without permission, brands cannot re-post or repurpose that influencer's content elsewhere.
What are usage rights? Simply stated: It refers to the ways brands are able to repurpose an influencer's image or video across a brand's own social-media accounts or marketing materials. Schreyer has worked with content creators for nearly a decade, assisting in negotiations and contract reviews, as well as working closely with marketers and brands. She said brands have sought more access and control as the industry has developed, which is why usage rights have popped up in contracts more frequently.
Veronica Bonilla, a content creator on Instagram with around 50,000 followers, said a brand requested usage rights to her images for three years as part of a recent campaign and her management negotiated payment of over $20,000. The added usage rights for three years tripled her base rate for this partnership, she said.
Beyond the time period, the manner in which a brand can use the content is also often a part of usage rights negotiations.
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