Rights, duration, advertising disclosure, data protection and image rights: here are the five points that keep you out of trouble.
The duration, and what happens at its end
Three elements to write together.
The start date, which is that of the first publication and not that of the delivery.
The duration, in months, for each channel: a single duration for every use is almost always a miscalculation.
And what happens at expiry: the video is taken down, or the duration is extended against payment, or it moves to a narrower use.
One practical point often forgotten: paid advertising does not stop by itself when the rights end. Somebody has to take it down, and that person must be named in the agreement.
People's image
That is the part carrying the most exposure, and it is not settled with a message.
Three separate permissions.
The creator's, for their image and voice, by channel and by duration.
That of third parties appearing in frame, including in the background, in a recognisable place.
And that of children, which follows particular rules and is handled with extra caution.
Three shooting precautions. Scout the frame beforehand, to avoid identifiable passers-by. Plan an alternative version if a third party refuses. And keep the permissions for as long as the video is shown. The exact form of those permissions is checked with a lawyer.
What is never included by default
Four uses, to be negotiated and priced separately.
Paid advertising, which is not the same thing as an organic post.
Distribution from the brand's account, which is not the same thing as a post from the creator's account.
Re-editing, cutting into variants and changing the burnt-in text.
And translation or dubbing, which turn the video into another version, often for another territory.
One rule simplifying everything: a transfer covers what it names. What is not written gets renegotiated, and it is better to know that before the campaign than during it.
What the brand must require
Five documents, gathered before the first payment.
The signed agreement, with channels, duration, territory, any exclusivity.
The permissions of the people filmed.
A declaration on the music and visual elements used, and their origin.
The files delivered in the agreed formats, with a version free of burnt-in text.
And written confirmation that the advertising disclosure does appear in the published video.
The four parameters that set the price
| Parameter | What it opens | What makes it costlier |
|---|---|---|
| The media | Social, website, in store, television | Every added channel |
| The duration | From three months to unlimited | Unlimited, always |
| The territory | A country, a region, the world | Going worldwide |
| Exclusivity | Turning down competitors | The length of the period |
What is read line by line before signing
Automatic renewal, transfer to a third party, the fate of the source files and the handling of the filmed people's personal data.
What stays with the creator after the licence
Authorship and the right to object to a modification that distorts the edit, unless otherwise agreed in writing, to be confirmed with a lawyer.
The renewal
Two moves, on fixed dates.
A reminder thirty days before the rights end, at the brand and at the creator.
And a written decision: extend, take down, or renegotiate.
One last point avoiding a frequent dispute: the advertising disclosure is the responsibility of whoever publishes, but its absence also exposes whoever commissioned. The exact forms expected there are checked with the competent authorities, and it is better to write them into the agreement than to discover them in a letter.
