Content Ownership Agreement

Learn about influencer content rights best practices with this guide from Zine. In summary, the grant of rights is the most important and unambiguous clause of the content license agreement, because other clauses such as consideration, duration, representation and warranties, obligations, must be formulated in the greatest detail for a good and good deal between the licensor and the licensee. Since we`ve seen how to create a content license agreement, it`s important to know some of the benefits of entering into a content license agreement. Licensed content can sometimes be a very valuable asset of the licensor. Therefore, Licensor may wish to keep the Content itself confidential, and it is The Licensee`s duty to keep the Content confidential. The parties may also enter into a separate Non-Disclosure Agreement (NDA) to maintain the confidentiality of the content. It is always preferable to define in detail in the definition clause what contains confidential information and what is excluded. The licensor must also imagine the situation, what happens if the agreement is terminated, what will then happen to confidentiality, it will survive and therefore the clause must be formulated accordingly. When we researched this article, we found that influencers who work with an agent or other representative often don`t attribute ownership to the client, as in the examples above. In these cases, the influencer continues to own their content and the brand receives a license for that content for a short period of time.

For many influencers, these red flags only appear after you see your image in an ad without mentioning that you created it. Beyond frustration and hurt feelings, understand who owns your content and for how long has a big impact on you as an influencer. While taking into account the legal nuances and concepts of the agreement, there are some things that need to be taken into account before signing the agreement. Even without explicit agreement, a court may find that your company has an implied license (i.e., permission) to continue using content created by partners, members, or independent contractors on your website. Alternatively, there is a strong argument that a website or blog – considered as a whole – is a “collective work” under copyright law and that any article or contribution is a contribution to that collective work. In this case, you may still be able to publish disputed content as “part of that particular collective work, a revision of that collective work, and any subsequent collective work in the same series.” 17 U.S.C§ 201(c). For more information on the works collected, see the Works by one or more creators section of this guide. Licensee shall pay consideration to Licensor for the license granted to Licensee (referred to as the “License Fee”). The clause should define whether the one-time payment is a fixed amount, whether an advance must be paid. That is part of the consideration.

In some cases, for example, if the content provider is an OTT platform, it may charge a license fee/variable fee based on subscription payments made after or before signing the agreement with the licensee. Under U.S. copyright law, the author of an article or blog post is usually the copyright owner of that work. The same goes for the creator of a video clip or the photographer who takes a photo – by default, the author owns the copyright in his work. This rule is subject to a number of exceptions, which we discuss in the Copyright section of this guide. On this page, we will try to give you a rough estimate of who will own what in terms of copyright on articles, publications, videos and other content if the work is done through each of the relevant types of business units: most contracts are about ownership of the content in one way or another, but we found that the language can be very different. The most common terms that refer to content ownership are: ownership, intellectual property, temporary work, and social media content. Pay close attention when you see these terms and talk to a lawyer if you are confused about what they mean. Many small businesses rely on informal agreements with content creators: don`t forget to ask a friend to take photos for your brand or hire an Instagram influencer to post a photo of your product via DMs.

While you can get the content you need this way, you won`t necessarily own it or have the legal rights to use it. .