7 Key Terms Every Content Creator Contract Must Have for Content Creators and Brands
Want to know which terms you should have in your content creator contract? These are the essential terms you need as a content creator or brand.
Creating content for brands to use and getting paid for it is extremely fun and exciting, and if you're anything like me, you are researching everything you need to ensure you have everything you need to protect yourself legally so you actually get paid, are legally protected and have the freedom you have always desired. As a lawyer myself who drafts contracts for content creators like you, I am giving you the crucial terms you must have to protect your rights and freedom and get paid.
You will learn the key terms you need in your content creator contract, regardless of whether it's a UGC content creator contract, social media content creator contract, YouTube content creator contract or freelance content creator contract.
After learning about all these essential terms for your content creator contract, you will be a pro and fully equipped to protect yourself and get paid!
This post is all about the essential terms in a content creator contract that every content creator needs.
Ultimate Content Creator Contract
What is a content creator contract?
First, let me explain what a content creator contract is. There seem to be a lot of different definitions on the internet when you google this term, so here's my description of it:
A content creator contract is an agreement by which a brand hires a content creator to create photos or videos for the brand to use on the brand's platforms.
So, as opposed to a brand sponsorship agreement by which a brand pays an influencer, YouTuber or podcaster to promote the brand's products on their own platforms, the brand has the creator create content for the brand's platforms.
There are different versions of the content creator contract, which I have defined below.
UGC content creator contract
A UGC content creator contract, or UGC agreement, is a content creator contract by which a brand hires a creator to create videos (often TikTok videos or Reels) that appears authentic and genuine. "UGC" stands for "user-generated content." These videos are usually made with a phone, as though the creator is actually a user of the product or service promoted.
YouTube content creator contract
A YouTube content creator contract is a content creator contract by which a brand hires a creator to create videos for, you guessed it, the brand's YouTube channel. These are (generally) higher quality and more long-form videos than those made by a UGC creator.
Freelance content creator contract
A freelance content creator contract is the same as a content creator contract. It's to emphasize that it's not an employment contract but a contractor agreement, but it's the same. The brand hires the creator as a contractor, not an employee. A freelance content creator contract can be used for any type of media creation, like photos or videos.
Content creator vs content writer
A content creator vs content writer is someone who creates media content, like photos and videos. A content writer is someone who writes content for brands, like blog posts, but also content for product pages, flyers, and other marketing and promotional materials. A content creator contract is not used for content writers. That would be a copywriter agreement or copywriting contract.
Content creator contract: The Key Terms
Now you know what a content creator contract is, let's get to what you're here for; the essential elements you need in a content creator contract.
1. Scope of work & deliverables
First of all, it's important to manage expectations when it comes to the content to be delivered. You both want to be clear on what precisely the content should contain so both parties are happy with the result. Here are some things you need to specify at least:
Which format: Is it vertical video content for both TikTok and Reels or just one of the two? This is crucial because if any call to action is made, the proper references need to be made (like, when the creator asks someone to follow this brand, different references are made in TikTok and Instagram reels). Or is it a wide-form video that must be suitable for YouTube? If it's a photo, what size should it be?
Duration: If it's video content, what should the duration be of each video? If it's a YouTube video, we are talking about minutes, while if it's a TikTok or Reel, we're talking about seconds.
Visuals: What must the creator show in the video? Do certain parts of the product have to be shown? Like, does the logo have to be visible? If it's an online course the creator promotes, for example, do certain pages or features need to be shown?
Script: What product(s) or service(s) does the content creator have to mention? Are there specifics about the product/service the creator must acknowledge? Or does the creator get more free range, and does the creator just have to mention three things the creator likes about the product? Some brands provide a complete script precisely stating what the creator must say.
2. Approvals & retakes
Is prior approval required by the brand in order to accept the delivery of the final version? If so, you need to specify the number of editing rounds included in the price. Or, if retakes or editing rounds are not included, or more is required than agreed, then specify the price for each editing round or retake in the contract.
Specify the process by which this takes place, which brings me to my next essential element of the content creator contract...
3. Deadlines
The creator is delivering results, being the photos or video. You need to specify by which date the content must be delivered in the content creator contract. Have you agreed on multiple pieces of content? Then specify the exact date for each content piece or the number of days the next piece has to be delivered after the last piece.
Is prior approval required for each content piece? Then specify:
by which date the first draft has to be delivered;
the date or the number of days after the delivery of the first draft, the brand has to provide approval by;
the number of days after the feedback, the second draft must be delivered if the first draft is not approved and the brand requires edits or retakes; and
the number of days after the delivery of the second draft, the brand has to provide approval by.
The steps mentioned above should be repeated if multiple rounds are agreed upon between the parties.
Also, specify what happens when deadlines are missed. Is the agreed remuneration for the creator depreciated by a percentage if the content is not delivered a specified number of days after the deadline or only after the brand has sent a reminder? Is a draft considered to be accepted if the brand does not respond by the agreed deadline? Or, also only after the creator has sent a reminder?
4. Payment & refund policy
Depending upon the deliverable(s) agreed upon; the brand will either pay a fixed lump-sum amount or make several instalments based on milestones achieved.
In any case, it is crucial to specify:
when the creator will receive each payment. Will the creator be paid before or after the delivery of the content? If milestones are agreed upon, will the creator be paid before or after each milestone is achieved? How many days before or after the delivery will the creator be paid?
how each payment is made. Will the creator be paid via wire transfer, Stripe, PayPal or another payment method? Who carries the transfer costs?
what must be paid or refunded if the contract is terminated prior to the final product. Does the creator get paid for the time invested in the drafts or part of the milestones met?
5. Non-exclusivity
It is quite common for brand sponsorship contracts with influencers to have an exclusivity clause included. That makes sense because the brand does not want the influencer to promote products from a competitor on the influencer's platform. That would also not be beneficial to the influencer because the influencer loses the trust of the platform's audience if the influencer promotes any product the influencer can get a sponsorship deal on.
However, with a content creator that creates content for the brand's platform, it's a different story. Content creator contractors create content for many brands in the same industry or niche. They generally get paid less, too, because the brand is not paying for the audience. Therefore, it would be unreasonable for a brand to limit the creator in its opportunities to apply for other content creator contract jobs.
The non-exclusivity provision is more a key term for content creators than brands to have in a content creator contract. But, of course, the brand does not want the content creator contractor to deliver the exact same content to another brand. That's why, for the benefit of the brand, there should be a provision in the contract ensuring that the creator will not use that content for anyone else, which brings me to the following essential element...
6. Copyright ownership
The general rule is that in a contractor agreement, the contractor, in this case, the content creator contractor, owns the copyrights to the work provided to the commissioner of the work, in this case, the brand.
There are two options; either the creator: (1) licenses the copyrights to the work (including the recording and the content within the recording, these two are separate) to the brand; or (2) assigns the copyrights to the work to the brand.
When the copyrights are assigned to the brand, the brand becomes the owner of that content. Assignment of the copyrights gives the brand complete control of that content, and the brand can decide fully on its own what to use that part of the recording for, so not only on the platform it is initially created for by the creator but also for other in its own promotional and advertising activities.
In the case of an assignment, I always advise creators to:
only assign the final product, so not the drafts sent to the brand for approval; and
have the assignment be contingent upon full payment.
When the creator licenses the copyrights to the brand, the creator remains the owner of the content. In the content creator contract, the creator could specify precisely where the brand may place that content and the purposes it may use it for (just for TikToks and Reels or also ads?). If the content is licensed to the brand, the contract should specify whether royalties are paid or the license is royalty-free (so the creator only gets a one-time payment).
7. Confidentiality & non-disparagement
There are websites on which creators share what brands pay them, what the collab was like, and how a brand's crappy products are. These are accessible for everyone to see.
Those issues can simply be avoided by having:
a confidentiality clause in the contract stating that nothing in the contract or about the professional relationship may be shared with anyone else; and
a non-disparagement provision that basically states that "if you can't say something nice, don't say nothin' at all" (yes, I quoted Thumper).
Try to resolve whatever issues either of you has with the other with each other.
Ultimately, with the proper content creator contract in place, every aspect of the relationship should be clear, and problems should be prevented, so you become and stay your teammates (and, if the work is satisfactory, for the long-term).
Other provisions
These were the seven key terms of every content creator contract. If you are purchasing a content creator contract template or are using a free content creator contract template, make sure that at least these elements are included.
These are not all the essential terms a content creator contract must have. There are more elements that every contractor agreement needs, like limitations of liability, indemnities, options for termination, and the form of dispute resolution. I can't provide a complete overview in a single blog post, but these are the most crucial terms specific to the content creator contract that you must, at the very least, know and comprehend to become a pro.
Content creator contract template
Are you still looking for a content creator contract template? I sell a content creator contract template in my contract shop! You can use it as:
a YouTube content creator template;
a social media content creator template;
a UGC content creator contract template; or
any other freelance content creator contract template for the creation of photos, videos or other media (not written) content.
This template includes all the essential terms I discussed with brand-friendly and creator-friendly provisions. I also explain each alternative in the content creator contract template so you completely understand the contract. That way, you can ensure that you have the proper terms for your situation.
You can find the content creator contract template on this page.
Content creator contract pdf
Depending on the type of content creator, the brand will usually present the creator with a content creator contract pdf instead of a Word version that the creator can amend. If you are the creator, this does not mean that you don't get to make any amendments (even if, according to the brand, it is an agreement that is presented to every creator and every creator signs it). You can always make amendments to a contract, as it is supposed to be a mutual agreement.
Such a content creator contract pdf will have terms more in the brand's favour and may include terms like an exclusivity provision (when you're not an influencer). Content creators use the terms in my (creator-friendly) content creator contract template as examples when responding (by email) to brands to adjust their provisions.
With my content creator contract, you'll be a pro at negotiating a contract that protects your (remuneration) rights and freedom!
This post was all about the key terms every content creator contract needs for content creators.
You can get the Content Creator Contract (which includes all the key terms we discussed) here!
Are you looking to use someone's existing photo or video content? Then get your Media Release Agreement here!
If you are an influencer or YouTuber paid to promote products for brands on your own platform, you can get the Brand Sponsorship agreement here!
