What “Usage Rights in Perpetuity” Really Means (+ Why It Matters for UGC Creators and Influencers)
What are usage rights in perpetuity—and should you ever agree to them? I’m sharing exactly what it means for UGC creators and influencers, including the risks, red flags to avoid, and what you must negotiate instead.
Usage rights in perpetuity mean a brand can use your content FOREVER, and that one little phrase can cost you a lot in the long run.
As a contract lawyer for creators myself, I’ve seen too many creators unknowingly sign away their rights to their content—sometimes for a one-time fee of just $100!
If you’re creating UGC or posting sponsored content, granting usage rights in perpetuity can affect everything, from your ability to work with future brands to your content pricing.
In this post, you’ll learn exactly what usage rights in perpetuity mean, including:
How usage in perpetuity differs from ownership
The difference between usage rights for influencers vs. perpetual usage rights UGC creators face
The red flags to avoid and usage rights in perpetuity examples
Practical contract tips to help you negotiate smarter licensing terms
How much to charge for usage rights in perpetuity
After learning all about usage rights in perpetuity, you’ll know how to recognize risky contract terms, how to price content when perpetual usage is involved, and what to include (or exclude) in your contracts to protect your rights and revenue.
This post is all about usage rights in perpetuity and what influencers and UGC creators should do to protect their content, reputations, and wallets.
Ultimate Guide to Usage Rights in Perpetuity
1. What Does Usage Rights in Perpetuity Mean?
“Usage rights in perpetuity” means a brand can legally use your content forever without needing to pay you again, ask for permission, or notify you.
It’s a license (not ownership), but it gives them unlimited freedom to reuse your video, photo, or audio.
Unless your contract specifically states otherwise, the brand can even do the following forever:
Use your content on any platform, such as Instagram, emails, flyers, and even in ads, without paying extra for it.
Edit your content however they want, so they can repurpose it in any way they want.
Add text or even voiceovers, which means your video could be used for something completely different than what you created it for.
Basically, at any time, anywhere in the world, the brand can use your face in contexts you never approved FOREVER.
That’s unless your contract includes boundaries on how, where, and for what purpose the brand can use it. The contract can even limit how the brand may edit your content or prohibit the brand from editing it at all without your permission.
“Perpetuity” just means forever. So, you can limit usage rights in perpetuity, and you can still have some sort of control over your content, even if the brand can use it forever.
That’s what you’ll learn in this blog post!
2. Usage Rights for Influencers VS Perpetual Usage Rights UGC Creators Face: What It Means for You
So, what does usage rights in perpetuity mean for influencers, content creators, and UGC creators?
Let me explain:
If you’re a UGC creator, you create content for brands to post on their own channels. That means that if a brand has usage rights in perpetuity, that brand can run your face in Facebook ads for years—even if you’re no longer working together, without you ever seeing an extra dime for it.
If you’re an influencer or content creator, you post content to your own platforms. When you grant usage rights to a brand for your sponsored content, the brand can use your content on the brand’s own platforms. So, in addition to your content being posted on your Instagram account, TikTok account, or YouTube channel, the brand gets to post it on its own social media accounts and channels, but also on any other platform or medium, like emails, flyers, and ads (depending on whether you restrict where the brand may use your content). So, if you, as an influencer or content creator, grant a brand usage rights in perpetuity, the brand may repost and repurpose your content forever.
In both cases, usage rights in perpetuity remove your control over how long the brand may use your content.
3. Full Usage Rights in Perpetuity VS Ownership
Usage rights are actually a license to use your content. The brand can use your content, but it does not own it. You still own your content.
If you assign and transfer your rights to your content, the brand gets full ownership of your content.
But what does that really mean when you grant usage rights in perpetuity to a brand? Let me break it down:
If the brand acquires ownership of your content, it can do whatever it wants with it and even dictate what you may and may not do with it. The brand can even register the content as theirs and resell it (without compensating you).
In the case of usage rights in perpetuity, the brand can use your content forever, just as with ownership. But, the difference is that (1) you still get to determine how and when you use your content (subject to contract terms), and (2) your contract can still limit how, where, and for what purpose the brand may use your content. However, often when using a brand’s contract template, that will not be the case.
So, giving usage rights in perpetuity doesn’t transfer ownership—but it can feel like it. The brand doesn’t technically own the content, but if they can use it forever without any restrictions, what’s really left for you?
4. When Usage in Perpetuity Is a Red Flag
As I’ve already mentioned, there are ways to contractually limit and restrict usage rights in perpetuity. You can limit usage rights to the point where they don’t actually hurt you, unlike what many UGC creators and influencers will claim. I’ll discuss that more in-depth in paragraph 6.
But first, let’s clarify when usage rights in perpetuity are definitely unacceptable. In itself, granting a license for an indefinite term, which is all “usage rights in perpetuity,” means, in essence, is not necessarily a bad thing. That is unless the contract also states or omits the following:
The brand has the right to edit the content without being legally required to ask you for permission or even tell you. The contract may explicitly or implicitly say that by stating the license or usage rights are “unlimited.”
There’s no restriction on where the brand may publish your content. That’s usually implied by stating that the license or usage rights are “unlimited,” “worldwide,” and/or “in all media now known or hereafter devised.”
The brand does not have to compensate you for the time it uses your content. That’s what it means when the contract states that the license or usage rights are “royalty-free.”
The brand can give anyone else the same rights to use your content without needing your permission. That’s what it means when a contract states that the license or usage rights are “transferrable” and/or “sublicensable.”
You have no right to terminate the usage rights whenever you want for any reason. That’s what it means when the contract states that the license or usage rights are “non-revocable.”
Always check the deliverables, usage, and license sections carefully.
If you see any of this (which a brand’s contract will usually include), then do NOT accept it! The brand is taking advantage of you! You should always be paid the value of the content you create.
5. Usage Rights in Perpetuity Examples (of Creators Regretting It)
To help you truly understand the potential real-world consequences of unlimited usage rights in perpetuity, let me provide some real-life examples. I won’t name any names here for several reasons. One is that this happens to many creators, not just one. Two, I don’t want that creator to be known for a mistake that so many others have made.
The point here is simply to give you a grasp on what it could mean for you if you just sign any brand’s contract granting usage rights in perpetuity without reading the terms.
So, let’s get into the usage rights in perpetuity examples of creators regretting it:
One UGC creator agreed to $200 for a product demo. The brand then repurposed the video for use across Meta ads, YouTube, and other client portfolios. That lost out on thousands of $$$ in value!
One influencer agreed to create content for an activewear brand and granted the brand usage rights in perpetuity. The brand has kept reusing that content for 2 years (without monthly compensation). Now, no other activewear brand wants to work with that influencer because the influencer is still associated with the brand the influencer worked with two years ago. So, not only does this influencer not receive compensation for all the value the brand continues to profit from, but the influencer has also lost future opportunities as a result. So, the influencer lost money from that deal but also from potential future deals!
Another influencer did a brand deal for an outdoor gear brand. The influencer granted the brand unlimited usage rights in perpetuity, and everything was fine until one year later when the brand made a political stance. In that same video, the influencer’s content was used. This influencer was not directly stated to hold those same political views, but the influencer is—by association—deemed to have those same views by the public. In contrast, this influencer holds completely different views and values. It actually hurt the influencer’s reputation!
These are some of the primary reasons why you should not grant a brand unlimited usage rights in perpetuity.
6. When Paid Usage Rights in Perpetuity Might Be Reasonable
Here’s when granting unlimited usage rights in perpetuity might make sense:
A high-paying buyout deal where you’re selling full rights
Content that’s not personal (e.g., hands-only product demo)
When you’re white-labeling content and won’t use it elsewhere
In each case, ONLY if your face or other identifiable features are not included! In every other case, you should not agree to unlimited usage rights in perpetuity.
But, even if your face is not shown in the content, but a brand wants unlimited rights, your price should go up significantly.
If your face is included in the content, it might be okay to grant limited usage rights in perpetuity—as long as:
You’re being compensated accordingly
AND you remain in control of your content!
Here’s what you need to remain in control of your content:
A prohibition to edit the content without your explicit permission (so the brand can’t just edit it any way they want). Pro tip: Include in the contract that you will make such edits at an additional. That gives you complete control and extra opportunity for income!
A specification on where the brand may use that content. Only in its Instagram feed and on TikTok? Or also for Meta ads? Always charge extra if the content is used for ads. If the brand wants to use the content elsewhere, they must ask you, and you can charge an additional fee for that.
Include a monthly usage fee (i.e., royalties) for each month that the brand uses your content. If the brand doesn’t want that, the other option is usage rights for a limited time for one fixed fee (calculated based on the agreed-upon number of months). Want usage rights beyond that? Then, you pay an additional fee!
Clearly state in the contract that the usage rights are “non-transferrable” and “non-sublicensable,” so the brand can’t grant anyone else (that you don’t know) the same rights to use your content.
You can include that the license is granted for an indefinite period, provided that you have the right to revoke (i.e., terminate) the license at any time (or after a specified amount of time) for any reason! That way, even if the brand pays, but you don’t want to be associated with them anymore (because their reputation changes), you can still stop them from using your content!
See! Usage rights in perpetuity can’t be all that bad, as long as...
You get paid for it
You remain in control of that content
And you still have the right to stop it at any time!
7. What Phrases to Watch Out For (That Mean Usage Rights in Perpetuity)
Before signing, search the contract for these phrases:
“In perpetuity” or “perpetual”
“Indefinitely” or “indefinite”
“Forever”
“Unlimited”
“Royalty-free”
“Exclusive”
“Worldwide”
“Transferrable”
“Sublicensable”
“In all media platforms now known or later developed”
“Non-revocable”
If you see them, stop and renegotiate! Make sure to include the rights and protections outlined in paragraph 6.
Or better yet—use a creator or influencer-friendly contract template instead.
UGC creators using my UGC Creator Contract Template and content creators and influencers using my Brand Sponsorship Contract Template know exactly what they’re agreeing to—because they’re the ones setting the terms.
8. What to Negotiate Instead of Usage in Perpetuity
The best thing to do is to eliminate dangerous words like “in perpetuity,” “perpetual,” “indefinitely,” “indefinite,” and “forever,” which all mean “until the end of time.”
Here are some alternatives to ‘in perpetuity’:
An indefinite time until terminated by either party or until revoked
A fixed period that is renewable
These are great options that provide you with complete control over the time period.
And don’t forget in each case, you include a monthly fee and a separate fee for:
Paid (ad) usage rights
Organic usage rights
Full usage rights
Learn more about these different fees in this blog post on the 11 Essential Rates for Your Influencer Rate Card | The Ultimate Guide + FREE Template.
9. Protect Yourself with the Right Contract for Usage Rights
If you’re unsure what’s fair or how to say “no” to usage rights in perpetuity without jeopardizing the deal, you need a contract that sets your terms upfront—before the brand does.
Use my Content Creator Contract Template (for UGC) if you’re creating videos or photos for brands to post on their channels.
Use my Brand Sponsorship Contract Template (for Influencers) if you’re promoting a brand on your own platform.
Use my Podcast Sponsorship Agreement Template if you’re promoting a brand on your podcast.
Use my Sponsored Post Agreement Template if you’re writing a sponsored blog post on your blog for a brand.
Each contract includes clear, editable clauses for content ownership, usage rights, placement restrictions, time limits, and licensing fees—so you stay in control.
10. How Much to Charge for Usage Rights in Perpetuity
Now that you know how to structure usage rights, you may also want to know how much to charge for usage rights in perpetuity.
I’ve provided a complete guide explaining all the rates influencers should charge and what to include in an influencer rate card in these blog posts:
11 Essential Rates for Your Influencer Rate Card | The Ultimate Guide + FREE Template
How Much Should I Charge as an Influencer in 2024? 15 Crucial Factors (+ Example Calculation)
Complete guides on UGC rates will be coming soon!
This post was all about usage rights in perpetuity—what it means, when it’s a red flag, and how to protect yourself from signing away your creative freedom for good.
To learn more about how to protect yourself as an influencer, content creator, or UGC creator, read these blog posts next:
