Usage rights in UGC videos: what you're buying

When you pay for a UGC video you get a file, but what you're really buying is permission to use it in certain ways, in certain places and for a certain time. That's what usage rights are, and they decide whether you can put the video in an ad six months from now or whether you have to take it down. I'll walk you through what goes into that conversation, with Portuguese law and Meta's and TikTok's rules, so you know what to ask for before you sign. I'm writing this as practical guidance, not legal advice, and for a specific contract it's best to show it to a lawyer.

What Portuguese law says

A UGC video involves two protected things at once. The first is the image of whoever appears in it, because article 79 of the Portuguese Civil Code (Código Civil) says a person's portrait can't be displayed, reproduced or put on the market without their consent, so the creator's face in your ad always depends on what she's authorised, whoever owns the video. The second is the video itself, since the Code of Copyright and Related Rights (Código do Direito de Autor e dos Direitos Conexos) lists video works among the creations it protects and says, in article 14, that for a commissioned work, who holds the copyright is decided by what the parties have agreed.

The same code explains, in article 41, what happens when an author lets someone else use a work. That authorisation doesn't transfer the copyright, it can only be given in writing and it's presumed to be paid and non-exclusive, and the document has to state how the work may be used and on what terms of time, place and price. Handing over the copyright entirely and for good is a different thing, which article 44 only allows by public deed (escritura pública), so the usage rights I'm talking about here are that written authorisation, and each choice that follows is part of it.

Where and how you can use the video

The first thing to agree is where the video will appear. Posting it on the brand's Instagram or TikTok is organic use, and running it in Meta Ads Manager or TikTok Ads Manager, paying to reach people who don't follow you yet, is paid ad use. The law asks for the authorisation to state which form of use is allowed, so an agreement that only mentions social media leaves you unsure whether you can put ad spend behind that video. Think about the rest too, like your website, your newsletter or a screen in your shop, if that's where the video will end up.

Raw files belong here as well. They're the clips straight out of the camera, with no cuts or captions, and they let your team build versions that weren't in the delivery, with a different opening, a different length or a different format. Because article 68 of the same code lists adaptation and any other transformation of a work among the uses the author has the exclusive right to authorise, getting the files isn't enough, and the agreement should say you can edit them and that the new versions carry the same usage rights as the original video.

Duration, countries and exclusivity

Three months of ads and a year of ads are different authorisations, and the period should be written down with a start date and an end date, because a phrase like “for the length of the campaign” causes arguments when the campaign runs on. Territory is the place the law refers to, and it needs the same clarity. If you only sell in Portugal, writing Portugal is enough, and if you're planning to launch in Spain next year, it's better to cover that now than to renegotiate later.

Exclusivity can mean two things. The law presumes the authorisation isn't exclusive, meaning whoever filmed it can let others use the same video, which matters little for a video of your product, because another brand is unlikely to want it. The kind you probably care about is category exclusivity, where the creator agrees not to film for your direct competitors for a while, and if you want it, write down which brands or types of product are excluded and for how many months, because it limits the creator's work and that's part of the project's cost.

Partnership ads and Spark Ads

Then there are ads that appear with the creator's name and profile, often called whitelisting in the industry. On Meta they're called partnership ads, and the creator can give permission for a specific post, by sharing the partnership ad code, or for her whole account, and with the second the brand can create ads under her name without her having posted anything. Meta says creators can revoke these permissions at any time and that the permission doesn't set payment or transfer ownership of the content, which are left to the separate agreement between the brand and the creator, along with the duration and exclusivity.

On TikTok they're called Spark Ads, and they use a post that sits on the creator's own account. The creator generates a code in the video's ad settings, the brand enters that code in TikTok Ads Manager and the authorisation lasts for a set duration, with the ad's likes, comments and shares counting towards the original post. When that authorisation expires, TikTok itself tells the brand to ask the creator to extend it, so these ads need their own period in the agreement, separate from the period for using the video on the brand's account.

What to put in the agreement

Whether it's a contract or a proposal both sides accept in writing, the document you sign with whoever films should answer these questions:

• Where can I use the video: only on the brand's profile or in paid ads too, and on which platforms?
• For how long, with what start and end dates, and in which countries?
• Is there category exclusivity, covering which brands or products and for how many months?
• Do I get the raw files, and do the versions my team cuts carry the same rights?
• Are there partnership ads or Spark Ads, from which post and for how long?
• Can the creator show the video in her portfolio?
• What happens when the period ends, and how is it renewed?

When the period ends

When the period ends, you no longer have permission for the use that's finished, so ads with that video have to stop unless you've renewed beforehand. What's already posted on the brand's profile depends on what you agreed, because one agreement may say those posts stay up and another may ask for them to come down. With partnership ads and Spark Ads the end shows straight away, because the creator's permission expires or is withdrawn and the ad can no longer run under her name.

If an ad is still selling well near the end, talk to the creator a few weeks ahead, because renewing is a conversation and replacing an ad that works means testing all over again. When you work with me, whether in a UGC campaign with my network of more than 100 Portuguese creators or with me filming, three months of paid ad usage always comes included. So what's left for you to think about is whether you need more time, more countries or ads under the creator's name.