Usage rights decide where a brand can use a creator's video, and for how long. That covers organic posts, ads from the brand's account, and Spark Ads or partnership ads that run from the creator's own account. The creator owns the copyright unless they sign it over. In the US, a transfer or an exclusive license must be in a signed writing. Later's 2026 guide puts paid usage at about 30% to 50% of the base rate, but many UGC platforms include broad rights in the price.
Signed
A copyright transfer or exclusive license must be in a signed writing in the US
Who owns a UGC video?
The creator does, from the moment it is made. The US Copyright Office says a transfer of copyright must be in writing and signed, while a nonexclusive license needs no writing (Circular 1). An exclusive license counts as a transfer under the law, so exclusivity also needs a signed writing (17 U.S.C. 101, 204).
A commissioned video is a "work made for hire" only if it fits one of nine categories, such as an audiovisual work, and both sides sign a written agreement that says so (Circular 30). Most UGC deals do not meet that test. They are licenses, so the contract has to spell out every use you need.
What do usage rights cover?
| Right | What it means | What to ask for |
|---|---|---|
| Organic use | The brand posts the video on its own accounts | Which accounts and for how long |
| Paid use | The brand runs the video as an ad from its own account | Platforms, term, and territory |
| Creator-handle ads | TikTok Spark Ads or Meta partnership ads from the creator's account | The code length: TikTok offers 7, 30, 60, or 365 days, and Meta creators can revoke access |
| Edits | New cuts, captions, translations, and hooks | Whether the brand may edit without asking |
| Raw footage | The unedited files | Included, or priced separately |
| Exclusivity | The creator will not work with competitors | Category, platforms, and length |
| AI use | Changing the creator's face or voice with AI | Allowed or not, in writing |
Spark Ads code lengths from TikTok's help pages; Meta revocation from Instagram Help.
What do UGC platforms include?
Read "usage rights included" twice. On Billo and JoinBrands it means you own the video. On Insense it means a license with limits, and on Collabstr you get only what the order says.
| Platform | What the brand gets | Source |
|---|---|---|
| Billo | Ownership: after payment, the creator assigns all rights to the brand, worldwide. Changing the creator's likeness or voice with AI needs separate written consent. | Billo terms, s. 8 (Sept 2026) |
| Insense | A license, not ownership: perpetual and non-exclusive, for digital and connected-TV use. Spark and partnership ads default to 30 days if the brief says nothing. Unapproved footage is not licensed. | Insense terms (May 2026) |
| JoinBrands | Ownership: all rights move to the brand on full payment. | JoinBrands |
| Trend | Says every package includes full licensing and distribution rights for social, websites, and ads. | Trend pricing |
| Collabstr | Only what the order says: without "Content Rights" in the order, the brand can only review the content. | Collabstr terms (Sept 2025) |
Our summary of each platform's terms, checked October 24, 2026. Read the current terms before you buy.
How much do UGC usage rights cost?
| Benchmark | Typical fee | Source |
|---|---|---|
| Usage rights | 30% to 50% of the base rate, more for long terms and paid use | Later (2026 guide) |
| 30-day usage | 15% to 25% of the base rate; long or heavy paid use 50% to 100%+ | Archive (Aug 2026) |
| Whitelisting (ads from the creator's handle) | 20% to 30% of the base rate per month | Influencer Marketing Hub |
| Monthly usage | 25% to 100% of the base fee | Modash |
| Ad access on a rate card | $100 to $150 a month | Insense rate card |
These are vendor guides and rate cards. We found no survey with a stated sample that measures usage fees. See how much UGC ads cost for base prices.
One creator on X asks whether usage fees will last as more deals move to commission:
What about music, likeness, and AI?
Music rights stop at the platform. Sounds from TikTok's Commercial Music Library are licensed for use on TikTok only (TikTok terms). If the same video runs on Meta or YouTube, clear the music there too, or run it with no music.
Likeness needs consent. In California, using a person's name, voice, or likeness in an ad needs their prior consent (Civil Code 3344).
AI terms have to be specific. California can void vague contract terms that allow a digital replica of a performer, unless the uses are described specifically and the performer had a lawyer or union representing them (Labor Code 927). So put AI use in the contract, and describe each use.
One creator on X says AI clauses now show up in more briefs:
What do the FTC rules mean for UGC?
- An endorser "must have been a bona fide user" of the product when they endorse it (16 CFR 255.1(c)). In practice, the creator has to use the product before they endorse it.
- Ads that show "actual consumers" must use real ones, or say clearly that they are not (16 CFR 255.2(c)).
- The FTC's 2024 rule bans fake testimonials, including AI-generated ones; it took effect on October 21, 2024 (FTC).
- When a creator posts on their own account, the FTC says "#ad" works, and calls "partner" "ambiguous and confusing" (FTC FAQ). Use the platform's label and a clear disclosure in the post.
UGC contract checklist
- License or ownership: say which, in a signed writing.
- Each use: organic posts, ads from the brand's account, Spark or partnership ads from the creator's account, website, email, product pages, connected TV, offline.
- The term, as calendar dates, and what happens when it ends.
- Platforms and territory.
- For creator-handle ads: the code length, and a promise not to revoke it early.
- Edits and derivatives: cuts, captions, translations, new hooks.
- AI and digital replicas: allowed or not, described specifically.
- Raw footage: included or priced separately.
- Exclusivity: category, platforms, and length, if any.
- Likeness release, with parent consent for minors.
- Music: a license for every platform the ad runs on.
- FTC duties: the creator really used the product, and how posts are disclosed.
- Rights start on payment, and the payment date.
- Whether the platform or agency may reuse the content.
- Renewal price for extending the term.
This checklist is a summary and is not legal advice. Have a lawyer check the contract before you sign.
Creators write these terms into their own offers too. @byJessKay's list includes a 60-day paid usage term and no AI use of her likeness without consent:
How ugcMaxx handles usage rights
We make the videos with AI, so usage is agreed with you, not with a creator: organic or paid, which platforms, for how long, and which accounts run the ads. You get those terms in writing. The FTC rules above apply to AI-made ads too: an ad that shows "actual consumers" must use real ones or say clearly that they are not, and the 2024 rule bans AI-generated fake testimonials. Put the terms in your brief with the free brief generator and template, and read how Spark Ads codes work and how partnership ads work.
Sources
- US Copyright Office: Circular 1, copyright basics and Circular 30, works made for hire; 17 U.S.C. 101 and 204
- Platform terms: Billo, Insense, JoinBrands, Trend, and Collabstr
- FTC: 16 CFR 255.1, 255.2, fake reviews and testimonials rule (2024), and Endorsement Guides FAQ
- California: Civil Code 3344 and Labor Code 927; TikTok Commercial Music Library terms
- Fee guides: Later, Archive, Influencer Marketing Hub, Modash, and Insense rate card
