Who owns a UGC video
By default, the person who films and edits a video owns the copyright in it. When you commission UGC from a creator or an agency, you usually do not buy the video outright. You buy a license, which is permission to use the video in specific ways, on specific channels, for a specific time. Some agreements transfer ownership entirely, but that is less common and usually priced higher. If you work through an agency, check how the agency's contract with its creators lines up with its contract with you. The agency can only license to you what the creator licensed to the agency. A clean agreement states this chain clearly.
Organic usage compared with paid usage
Organic usage means posting the video on your own accounts without paying to promote it. Think of a Reel on your Instagram profile, a post on your TikTok account or a video on your website. Paid usage means putting money behind the video, whether as a boosted post, an ad on Facebook or Instagram, a TikTok ad or a placement on another network. Creators and agencies price these differently because paid usage puts the creator's face in front of far more people and turns them into the face of an advertisement. A video licensed for organic use only cannot legally be run as an ad. If there is any chance you will test a video with ad spend, ask for paid usage up front. Adding it later is possible, but you negotiate from a weaker position once the video is already performing.
Thirty and ninety day windows compared with perpetual licenses
Paid usage is usually licensed for a set window. Thirty days, ninety days, six months and twelve months are common terms, and perpetual licenses are available from many creators and agencies at a higher price. The right choice depends on how you use the content.
- Short windows suit fast testing, where most videos are retired within weeks and only a few winners stay live.
- Longer windows suit evergreen ads, product page videos and content you expect to reuse across campaigns.
- Perpetual licenses suit brands that want to build a library they can return to without tracking expiry dates.
Whatever you choose, track the expiry of every video. An ad that keeps running after its license has ended is a breach of contract, even if nobody notices for a while. Some agreements allow extensions at a preset price, which is worth negotiating before production rather than after a video becomes a winner.
Raw footage and edit rights
Raw footage means the unedited clips the creator filmed before the final cut. Many brands want it so their own editors can build new hooks, cut different lengths or combine clips from several creators. Raw footage is often a paid add-on, and some creators do not offer it at all. If you receive raw footage, confirm what you may do with it. Can you cut new ads from it? Can you combine it with other creators' clips? Do the same time window and channel limits apply to new edits? Edit rights are what let your team turn one shoot into many ad variations, so ask about them explicitly.
Exclusivity and competitor clauses
Exclusivity means the creator agrees not to make content for competing brands for a set period. Without it, the same creator may appear in a competitor's ad next week, which can confuse viewers and weaken your creative. Exclusivity limits the creator's income, so it is priced accordingly, and the scope matters a great deal. A narrow clause, such as no other brands in the same product category for 60 days, is easier to agree and cheaper than a broad one covering a whole industry for a year. Define the category, the length of time and the channels the clause covers.
What to get in writing before production
A short written agreement prevents most disputes. Before any filming starts, confirm each of these points with the creator or the agency.
- Who owns the copyright and what license you receive.
- Organic channels covered, such as your social accounts, website, email and marketplace listings.
- Paid usage, with the platforms, the time window and the start date of that window.
- Whitelisting or Spark Ads authorization, with platforms, length and edit permissions.
- Raw footage delivery and what you may do with it.
- Exclusivity scope, category and length.
- Renewal or extension terms and their price.
- What happens to live ads when the license ends.
- How the creator approves any changes to their likeness, voice or claims.
When you compare agencies, put the rights terms side by side with the price. A lower quote that only includes organic usage may cost more in the end than a higher quote with paid usage built in. The guide to UGC agency pricing shows how rights add-ons usually appear on quotes.
How rights terms appear on our directory
Rights terms are one of the filters on our agency directory. Where an agency has published its standard usage terms, the profile shows them with a link to the agency's own source, so you can check the wording before you reach out. If an agency has not published its terms, the profile says so rather than guessing. Our methodology explains how facts are sourced and how results are ordered. When you send a brief, include your rights window so every agency quotes on the same basis. The UGC brief template has a field for it.