When you pay a Brazilian creator to make a video for your brand, you are buying two very different things: the content itself and the right to use it. Those are separate. A creator can hand you a beautiful UGC video and still expect to control where and for how long it runs. In Brazil, the picture gets a little more specific because of the personal image protections in the Constitution and Civil Code (known as direito de imagem) and the country's data protection law (LGPD). Getting it right up front keeps a good collaboration from becoming a bad surprise later. This is general information for brands, not legal advice.
What usage rights actually mean
Usage rights are the permissions a creator grants you to publish and reuse their content. Owning a file is not the same as owning the right to run it as an ad or repost it on your channels forever. In practice, a usage grant answers four questions: on which platforms, for what purpose, for how long, and with what exclusivity. A creator might let you post their video organically on your Instagram for three months and charge separately if you want to turn it into a paid ad. That is normal and fair. The mistake many brands make is assuming that because they paid for the video, they can do anything with it indefinitely. Unless your written agreement says so, you probably cannot. The broader the grant (more platforms, longer term, exclusivity, paid media), the more it is worth to the creator, so being clear about what you actually need keeps the price sensible.
Organic vs paid usage, and whitelisting
The single biggest distinction in any UGC deal is organic versus paid. Organic usage means the content appears on your own owned channels: a repost on your brand's Instagram, TikTok, or website. Paid usage means you put money behind the content to boost its reach through ad platforms. Paid usage is far more valuable to your brand because it drives performance, so creators almost always price it higher, and many treat it as a separate line.
Then there is whitelisting, which on Meta is called partnership ads and on TikTok is called Spark Ads. Here the ad runs from the creator's own handle rather than your brand account, which usually lifts trust and results. It requires the creator to grant you specific advertising access to their profile for a defined window, and because it borrows their identity and audience, it is a separate permission with its own price and timing. Never assume a content license includes whitelisting. Spell it out: which handle, which platform, and for how long the access stays open.
Direito de imagem: the creator's face is theirs
In Brazil, a person's image, voice, and likeness are protected personal rights. Direito de imagem means you need the creator's clear authorization to use their face and voice in your marketing, and that authorization should match how you actually plan to use it. A creator who agreed to appear in an organic post has not automatically agreed to be the face of a nationwide paid campaign or to have their image placed on packaging.
This matters most when the content features other people (a friend, a child, someone in the background) or when you want to edit the footage in ways that change its meaning. Get image authorization in writing, describe the uses plainly, and if minors appear, treat that as a special case that needs the responsible guardian's consent. When in doubt, ask before you publish, not after.
LGPD basics for brands
The Lei Geral de Proteção de Dados is Brazil's data protection law, and it applies whenever you handle personal data. In a UGC relationship, personal data shows up in obvious places: the creator's contact details, payment information, and the identifiable image and voice in the content itself. LGPD asks you to have a lawful basis for processing that data, to use it only for the purposes you stated, and to keep it secure. Practically, that means telling the creator clearly how their information and content will be used, not repurposing it for something they never agreed to, and being able to honor a reasonable request to stop using their personal data going forward. You do not need a legal department to respect these principles, just honest communication and records of what was agreed.
What a simple written agreement should cover
You do not need a twenty page contract for most UGC deals. You need a short, plain document that both sides actually read. A good agreement removes ambiguity, and ambiguity is what causes disputes. Cover the essentials clearly and you protect the creator and the brand at the same time.
- Deliverables: number of videos or photos, format, length, and any revisions included.
- Usage scope: which platforms, organic versus paid, and whether whitelisting (partnership ads or Spark Ads) is included.
- Term: how long you may use the content, and what happens when it expires.
- Exclusivity: whether the creator can work with competing brands, and for how long.
- Image and data: explicit direito de imagem authorization and a plain note on how personal data is handled under LGPD.
- Payment: amount, currency, timing, and the payout method.
Match the grant to your real plans and keep the language simple enough that a non lawyer understands it. For the wider context on building creator programs, see our UGC guide for brands. If a campaign is large, high budget, or long running, have a Brazilian lawyer review your template. This article is general information, not legal advice, and it is not a substitute for professional counsel on your specific situation.
