The rise of content creators has completely transformed marketing. What was once reserved for big ad agencies, professional models, and expensive campaigns has now evolved into a landscape where individuals: armed with creativity, a phone, and an engaged community: are the driving force behind brand storytelling. Whether you’re posting lifestyle videos on TikTok, sharing product recommendations on Instagram, or crafting long-form content on YouTube, you are part of a massive industry built on content, influence, and intellectual property. And as with any industry, there are legal considerations.

If you’re creating content and working with brands, you are, in many ways, running a business. That means you should be thinking about contracts, payment terms, intellectual property rights, and the structure of your work. Counsel Club exists to make navigating those issues easier, so here’s a breakdown of the key legal considerations for content creators when engaging with brands.

1. What Are You Actually Delivering? (And How to Make Sure It’s Clear)

One of the biggest legal challenges we see content creators face is ambiguity around deliverables. Without a clear contract, the scope of work can become hazy. How many posts are you making? Where are they going? When are they due?

Your contract should spell out:

• The exact number of posts, images, videos, or other deliverables (differentiate between static posts and reels, for example).
• The platforms where the content will be posted (Instagram, TikTok, YouTube, etc.).
• The posting schedule: specific dates and times if required.
• Exclusivity - some brands will require that you do not post about other brands, even if noncompetitive, within some period before and after their post.

2. Who Owns the Content? (Hint: It Should Be You)

A fundamental legal issue for content creators is intellectual property rights: who owns the content you create? Typically, you (the creator) own the content, and the brand licenses it for use. But not all licenses are the same. Here’s what to look for:

• Term: How long can the brand use the content? (e.g., 6 months, 1 year, forever?)
• Scope: Can they only repost it on social media, digital channels, their website or can they run ads with it? It's important to delineate the scope of usage rights.
• Exclusivity: Can you repurpose the content for another campaign or does the brand own an exclusive license to the content?
• Modifications: Can the brand edit or alter your content? If so, do you have approval rights? This will depend on the medium, payment and usage.

Most creators grant brands a non-exclusive, limited-term license, meaning the brand can use the content, but you still own it and can use it elsewhere. However, some brands might ask for perpetual (forever) or exclusive (only they can use it) rights. These types of licenses should come with significantly higher fees. If you’re not sure about a brand’s contract, you can upload it into Counsel Club and let our tools help you understand what rights you’re giving away.

3. Payment Terms: How (and When) Do You Get Paid?

Getting paid on time: and in full: is one of the most important things to clarify in your contract. Look for:

• Payment structure: Are you getting paid upfront, in installments, or after content is posted?
• Due date: When is payment due? (Net 30, Net 60?)
• Late fees: What happens if the brand pays late?
• Kill fees: If the brand cancels, do you still get compensated for your work?

Some brands will try to delay payments or pay only after the campaign is completed. To protect yourself, negotiate a 50% upfront payment and the rest upon completion. If you’re working with startups or small brands, having your own contract ready to go can help ensure clear payment terms from the start.

4. Approval Rights: How Much Control Does the Brand Have?

Brands often want some level of approval before content goes live. While reasonable, you should set limits to protect your creative control.

• One-round approval: Limit the number of revisions the brand can request.
• Timelines: Set a deadline for approval (e.g., 48 hours), so you’re not waiting indefinitely.
• Content control: Brands shouldn’t be able to dictate your entire creative process.

If you’re known for a certain style, humor, or aesthetic, make sure your contract gives you the discretion to create in a way that feels authentic to your audience. After all, that’s why brands hired you in the first place.

5. Brand Exclusivity: Are You Locked In?

Some brands will ask for exclusivity, meaning you can’t work with competitors for a certain period. That’s fine, but it should come with compensation for the opportunities you might miss.

• Scope: Does exclusivity cover just direct competitors or an entire industry?
• Duration: How long are you restricted from working with other brands? If exclusivity is agreed to, this term needs to be short and likely limited to when you are performing services (e.g., posting) for the brand.
• Fee: Are you being paid extra for exclusivity? While this may not be written outright, your normal fee will need to include this exclusivity component.

6. Usage Rights: Limiting How Your Content Can Be Used

Because you’re only getting paid once, your content should be used for a specific campaign period: not indefinitely. Your contract should limit usage so that brands can’t use the content for more than they paid for, like reposting across other social media channels or putting your content in TV commercials, billboards, or major ad campaigns without proper compensation.

The goal is to ensure fair compensation for how your content is used. If a brand wants broader rights, negotiate for a higher fee.

7. FTC Compliance: How to Properly Disclose Sponsored Content

If you’re getting paid or receiving free products, the FTC requires disclosure so your audience knows.

• Use #Ad, #Sponsored, or #Partnership in captions. Many creators have their own disclaimers to keep content authentic. You should balance the need for disclosure under the law with the organic content.
• Disclose verbally in videos when reviewing or promoting products. You will need to disclose if a brand sent you product for free in exchange for a review.
• Avoid misleading claims about a brand’s product. Opinions should be your own, and not written or directed by the brand.

Most contracts require you to follow FTC rules, so it’s important to comply. Keeping disclosures clear and authentic will protect both your audience trust and your legal standing.

8. Morality Clauses & Brand Termination Rights

Many brand contracts include morality clauses, which allow the brand to terminate the agreement if they believe you’ve done something that negatively impacts their image. Morality clauses are often broad and discretionary, meaning the brand can back out if they feel you’ve done something controversial. In long-term contracts (e.g., year-long brand partnerships), these clauses can be especially important to review. Some brands might even request claw back provisions, meaning they could ask for money back if they decide to terminate the agreement.

Read these clauses carefully. You want to ensure the standards for termination are reasonable and don’t give the brand total control over your personal or creative expression.

Final Thoughts: Protect Your Work, Your Money, and Your Brand

Being a content creator is exciting, creative, and lucrative: but it’s also a business. The more clear, structured, and professional you are in your brand collaborations, the better positioned you’ll be for long-term success. If you’re unsure whether your contract protects you, upload it to Counsel Club and let us help. Because whether you’re just starting out or negotiating major brand deals, your work deserves to be protected. Good luck and keep creating: we love our creatives over here!