11 Must-Haves for Every Content License Agreement
Do you need a content license agreement to either use someone else's content or give your content to someone else to use? I'm telling you exactly what you must have in your content license agreement template.
Using someone else's content or letting someone else use your content can be very lucrative for both parties, but if you're anything like me, you want to ensure your rights are protected (whether you are the licensor or the licensee). As a lawyer myself who drafts licensing contracts for creators and entrepreneurs like you, I am giving you all the essentials you need in your content license agreement.
You will learn about the crucial terms a content license agreement must have, which you can use in your content license agreement template (a.k.a. content use agreement template or digital content license agreement template), including content licensing examples.
After learning all about everything you need for your content license agreement, you will be able to get (or keep) your rights to that content and protect yourself!
This post is all about the fundamental terms every content license agreement must have to protect your rights and yourself.
Essential Content License Agreement
Content licensing examples
To understand what a content license agreement is and when you need it, I think it's best to give some relevant examples for content creators and (online) entrepreneurs like you.
If you run a blog, you might want to use someone else's photo from their blog, Instagram or any other platform for one of your blog posts. Using their photo without asking for permission and just including their name and a source reference is not enough. That would still be copyright infringement. You need their explicit permission to use their photo, and the best way to get that is by having them (digitally) sign a content license agreement.
Maybe you are a photographer, videographer or content creator who creates content, and someone else wants to use your content. You should have them sign a content license agreement stating exactly when, where and how they may use your content so you remain in full control of your content.
If you ask someone to create content for you (or vice versa), you need a content creator agreement. You can learn more about that contract in this blog post on the 7 Key Terms Every Content Creator Contract Must Have for Content Creators and Brands.
If you want to learn more about what the content license agreement is and get more content licensing examples, read this blog post on What Is a Content License Agreement | The Ultimate Guide (Including 11 Key Essentials).
Content license agreement template
Now you know when you need a content license agreement and what to use it for, let's get into exactly what you need in your content license agreement template, so you will get or keep the rights you need and be fully protected.
1. Scope
First, you have to think of the content you are actually giving or asking a license for.
You may want a license to someone's photo, but which photo exactly, or are there multiple photos you want a license to?
You could be asking for a license to a video, but does that include the audio too? If there is music in the audio, does that person have the right to give you a license to use that music audio too?
You may want a license to someone's song or audio recording, but is that to the entire recording or just a part of it?
You must know what you need the license for first and have that specified in your content license agreement template.
2. Type of license
By giving a license to someone, you are giving someone the right to use the content, but there are different types of usage rights you can give (or receive from) someone. Thus there are three types of licenses you can give (or receive):
the exclusive license,
the non-exclusive license, and
the sole license.
In the case of an exclusive license, the person receiving a license to use another person's content is the only party that can use the licensed content. The person giving a license does not get to use his/her/their own content anymore unless specified in the content license agreement, but he/she/they do remain the owner of that content. So, the owner may (under the conditions of the content license agreement) get all usage rights back.
In the case of a non-exclusive license, the person receiving a license to use another person's content will be able to use the content, but the content owner keeps the right to use the content AND give a license to the content to other persons as well.
In the case of the sole license, only the content owner and the receiver of the license get to use the content; no one else may receive a license to use that content.
For a more detailed explanation of the different types of licenses, read this blog post on What Is a Content License Agreement | The Ultimate Guide (Including 11 Key Essentials).
3. What the content may (not) be used for
When you are giving someone a license to use your content, you want to narrow down what that content may be used for. So, let's say someone asks you to use your picture or video recording for their Instagram (for free), then state that it may only be used once for their feed or Reel if that's what they want to use it for. It's also important to state what the content may not be used for, like for advertising on Instagram (as they should pay you for those usage rights).
If you are the one asking someone to use their content, then you want the usage rights to be as broad as possible. For example, if you are using someone's picture for a blog post, you might want to use it in another blog post or for your social media. So, in that case, you may want to use wording that is a lot broader and not narrow down what you will use it for.
4. On which locations the content may be used
When talking about how the content may be used, you will also need to specify where it may be used. This can be taken very literally if you are licensing out a photo to be used on billboards in Kansas, for example, but in this case, we are narrowing down the online locations, like websites, YouTube, podcasts, social media, etc.
Let's take our previous example of the person asking you to use your content for their Instagram. In that case, you want to specify precisely which Instagram account may use the content with the specific Instagram handle. That person may have or create multiple Instagram accounts and use your content on all of those accounts, so that's why you want to be very specific. The same goes for all other social media platforms and websites (specify the URL in that case).
Again, if you are the one asking someone else to use their content, then you don't want to narrow it down and make that as broad as possible, so you can use that content anywhere you like.
5. Term of the license
When giving someone a license to use your content, you need to consider how long you want to give that license for. Can they have it on their Instagram feed or the front page of their website forever? Or do you want to give it for a limited time (with the possibility of an extension)?
If you are the one asking to use someone else's content, you might want to have a perpetual license, meaning you can use the content for as long as you want under those same terms.
6. Revocation rights
If you are giving someone a license to use your content, regardless of whether it's for a limited time or indefinitely, you want to specify in which cases you can immediately revoke the license, i.e. stop that person from using your content.
Here are some examples of when you want to be able to revoke the license immediately:
You are a beauty influencer who is known for only using cruelty-free makeup. You have given a license to a cruelty-free beauty brand to use a picture showing your face. Two months later, the brand is acquired by another company or changes its business operations and is no longer cruelty-free.
You are a fashion influencer. You have given a fashion blogger a license to use a picture of you in a dress. The fashion blogger told you that the picture would be used in a blog post about fashion trends for this season. But the blogger uses your picture as an example of what NOT to wear this season.
You have posted a video on your TikTok for your signature pasta recipe using cream. A dairy brand has asked you for a license to use your video on their TikTok with a link to your TikTok account. However, the dairy brand claims your recipe is their own recipe, and you are not mentioned (contrary to what was specifically agreed in the content license agreement).
These are just some examples of changes in reputation, misuse of content, and breach of contract, in which cases you (as the content owner) want to have the right to terminate the license immediately. But there are also other reasons why you want to be able to terminate the license prematurely. If that person dies, for example, you don't necessarily want their heirs to have the right to use that license. Or, if you are paid for the use of the content, then you want to be able to terminate the license in cases of insolvency or any payment defaults.
If you are the one using someone else's content, you might want to leave this part out or have a shorter list.
7. Rights to edit or repurpose content
You also want to clearly state in your content license agreement whether the person receiving a license to the content may also edit, amend or repurpose the content. As the content owner, you want to remain in control of your content and not have someone else edit or repurpose it in a way that might negatively affect you. You may want to give permission to certain edits but have them subject to your approval. As the owner of the content, you want to explicitly state in your content license agreement that the edited and amended version remains yours, and the other person does not become the (co-)owner of that content.
If you are the one using someone else's content, then you might want to have as much freedom as possible to edit that content, depending on what you are using it for, like creating multiple clips of that video for advertising purposes.
8. Whether the license is transferrable
A license can be transferrable or non-transferrable. In any case, you want to state in your content license agreement whether it is or not.
When a license is 'transferrable', the person who receives a license from the owner can give someone else all the rights (and obligations) under that license to someone else. That means that the content owner could have given person A the right to use the content, but the next day Person B (who the owner does not even know) could use that same content and person A is no longer the user of that content.
When a license is 'non-transferrable', only the person to whom the owner has given the right to use the content (Person A) will be able to use that content and can not give anyone else those same rights.
9. Whether the license is sublicensable
A license can also be sublicensable or non-sublicensable. When a license is sublicensable, the person who has received a license to use the content from the content owner (Person A) can give someone else (Person B) the same or more limited rights to use that content. So, in that case, both Person A and Person B can use that content for as long as Person A has a license to use that content.
As the content owner, you might want to make the license non-sublicensable, so no one else can receive a sublicense (without your permission).
10. Paid or free license
You want to specify in the content license agreement whether the owner is getting paid or not for the use of the content or not. And, if so, how much is the owner getting paid, and is it a fixed fee or recurring fee (royalty)?
11. Credits and source reference
Depending on the type of content being licensed, you, as the content owner, might want to receive credits for that content, especially if you give someone the right to use your content for free or at a low price.
Thus, if the owner is receiving credits, state in the content license agreement that the person receiving the license must state the source of the content. Also, make sure to specify what source link and name(s) must be included just to ensure the proper references are made.
You want to avoid any discussions, and that is exactly the purpose of the content license agreement!
Content use agreement template
So, now you have learned everything about what you need in your content use agreement. If you are looking for a content license agreement, my content license agreement template includes all the fundamentals (and more) for both licensors and licensees.
You can get your content use agreement template on this page of my contract shop!
Free content licensing agreement template
If you want to find free content licensing agreement template online, then you can use the overview in this blog post to ensure that your content use agreement template includes all the essentials so you have the rights and protections you need!
This post was all about the essentials every content license agreement must have for both licensors and licensees to get the rights and protections they need.
Want to learn more about the content license agreement? Then read this blog post on What Is a Content License Agreement | The Ultimate Guide.
Want to use someone's else content, or is someone else using your content? Then you get your Content License Agreement Template here!
Are you creating content for someone else, or is someone else creating content for you? Then you need a content creator agreement. Learn everything you need about the content creator agreement in this blog post on the 7 Key Terms Every Content Creator Contract Must Have for Content Creators and Brands.
