Influencer Content Licence Agreement Checklist

Can you use that influencer Reel, customer photo or TikTok video in your ads, emails and website?

Often, yes, but only if you have the right permission in writing. Paying an influencer to post content doesn't automatically mean your business can reuse it everywhere, forever, or change it however you like.

The good news is that an influencer content licence agreement doesn't have to be complicated. It just needs to clearly set out who owns the content, what your business can do with it, how long you can use it for, where you can use it, and whether paid advertising is included.

If you're planning to turn influencer or user-generated content into marketing assets, getting those details right upfront can save a lot of awkward conversations later.

Do You Own Influencer Or User-Generated Content?

Sometimes, but don't assume it. In New Zealand, the creator is often the first owner of copyright, but there's an important exception for some commissioned works.

Under the Copyright Act 1994, the person who creates original content will often be the first owner of copyright, unless an exception applies or the rights have been transferred. If your business commissions and pays, or agrees to pay, for certain works such as photographs, films or sound recordings, your business may be the first owner unless the agreement says otherwise. This can be directly relevant to paid influencer photos, Reels and TikTok videos.

However, not every part of a campaign will be treated the same way. Captions, written reviews, designs, music, platform tools, personal image rights and other rights may be handled differently. So even where your business may own copyright in some commissioned content, it's still important to set out ownership and usage rights clearly in writing.

Influencer and user-generated content might include:

• Photos
• Videos
• Captions and written reviews
• Graphic designs
• Audio or voiceovers
• Edited social media posts

For example, if you pay an influencer $1,200 to create three TikTok videos and two Instagram Reels, the ownership position may depend on what was commissioned, what was paid for, and what the agreement says. Even if your business owns some copyright, that doesn't necessarily settle every practical issue, such as whether you can use the creator's face in paid ads, edit the video, use music from the original post, or keep using the content after the campaign ends.

This is where an influencer content licence agreement in NZ becomes useful. It can confirm whether the creator keeps copyright and gives your business permission to use the content in specific ways, or whether your business owns some or all of the content and the creator keeps certain usage rights.

That permission is called a content licence. A licence can be narrow, broad, short-term, long-term, free, paid, exclusive or non-exclusive. The right structure depends on what your business actually needs.

If you want full ownership, you'll usually want a written assignment or clear commissioning terms instead of, or as well as, a licence. Copyright assignments should be in writing and signed. For many brands, though, a carefully drafted licence is enough and feels fairer to creators.

What Usage Rights Should Your Licence Cover?

Your licence should cover every place your business wants to use the content. If a use isn't clearly included, you may not have the right to do it.

This is the part that often causes problems. A creator might be happy for you to repost their Instagram Story, but not happy for you to use their face in paid ads for six months. A customer might tag your brand in a photo, but that doesn't necessarily mean you can put it in your email newsletter.

Your social media content licence or influencer campaign agreement should clearly say whether you can use the content for:

• Organic social media posts on your brand accounts
• Paid social media advertising, including whitelisting or boosting
• Website banners, product pages and landing pages
• Email marketing and SMS marketing
• Digital ads on Google, YouTube, TikTok, Meta or other platforms
• Marketplace listings, such as online retail platforms
• Retail screens, brochures, packaging or point-of-sale materials
• Internal presentations, investor decks or trade show materials

Paid advertising deserves its own clear wording. Ads can put content in front of much larger audiences, use the creator's image to sell more directly, and continue running long after the original post has disappeared from the feed.

You should also decide whether the licence is exclusive or non-exclusive. Most influencer content licences are non-exclusive, which means the creator can still use the content themselves or license it to others. If you want exclusivity, say exactly what is exclusive. For example, you might ask the creator not to let another skincare brand use the same video for three months.

If you're using customer UGC, such as a tagged Instagram photo or review, be especially clear. A simple comment like "Can we share this?" may not cover paid ads, email campaigns or website use. A short UGC licence agreement can make the permission much clearer.

How Long Should The Licence Last?

It depends on your campaign, budget and how long the content will stay useful. A licence should state the start date, end date and whether your business can extend it.

Many brands are tempted to ask for a perpetual, worldwide licence for everything. Sometimes that makes sense, especially for low-risk product photos without people in them. But for influencer content with a person, voice or personal story, a very broad licence can create pushback and cost more.

Think about the real life of the content. A Christmas gift guide video might only need a two-month licence. A product demonstration on your website might need 12 months. A testimonial used in evergreen ads might need renewal rights.

A Worked Example

Say Aroha runs a Wellington-based beauty brand. She pays an influencer $1,500 to create one 30-second TikTok video, one Instagram Reel and six product photos.

Aroha wants to:

• Repost the Reel on the brand's Instagram and TikTok accounts
• Use the six photos on product pages
• Run the TikTok video as a paid ad on Meta and TikTok
• Include one photo in a customer email campaign

A sensible licence might say:

• Organic social media use is allowed for 12 months in New Zealand and Australia
• Website product page use is allowed for 12 months
• Paid advertising use is allowed for 3 months, with a set ad spend cap if agreed
• Email marketing use is allowed in up to 4 email sends
• The brand can renew paid ad usage for another 3 months if both sides agree on the extra fee in writing

After three months, Aroha can check the ad results. If the TikTok ad has a strong return, she can negotiate an extension before the licence expires. If it doesn't perform well, she can stop using it without having overpaid for rights she didn't need.

This kind of structure gives your business flexibility while making the creator feel respected.

Can You Edit The Content Or Use It In Paid Ads?

Yes, but only if the agreement allows it. Editing rights and paid advertising rights should be written clearly, not assumed.

Most brands need to make at least small edits. You might need to crop a Reel into a square format, add subtitles, overlay pricing, trim the opening seconds, or resize a photo for your website.

Your licence should say whether you can:

• Crop, resize or reformat the content
• Add captions, stickers, text overlays or calls to action
• Cut the content into shorter clips
• Combine the content with other images, music or footage
• Translate captions or subtitles
• Use screenshots or still images from a video
• Use the creator's name, handle, image, voice or likeness

Creators can be sensitive about edits because the content reflects their personal brand. New Zealand copyright law also recognises moral rights, including rights connected to attribution and treatment of work. If your business wants freedom to edit, adapt or use the content without attribution, the agreement should deal with this properly.

Paid ads need extra care. A creator may be comfortable with their post living on their own feed, but less comfortable with your brand using their face in retargeting ads to thousands of people. Your agreement should say whether paid media is allowed, which platforms are covered, how long ads can run, and whether you can use the creator's account for whitelisting, Spark Ads, partnership ads or similar platform tools.

Be careful with AI edits too. If you want to clone a voice, change a face, generate new scenes, create AI variations, or train tools using the content, don't rely on general editing wording. Get specific consent.

What If The Content Includes Other People, Music Or Brands?

You need permission for the rights you actually use. An influencer licence from the creator won't always clear every person, song, logo or third-party asset that appears in the content.

This is a common trap with user-generated content. A video might include background music, a friend standing next to the creator, a cafe in the background, a visible brand logo, or a child. Even if the creator says yes, other rights or privacy issues may still exist.

People In The Content

If an identifiable person appears in content, privacy and consent matter. The Privacy Act 2020 can apply where your business collects, stores, uses or discloses personal information, including identifiable images, video or voice recordings.

For marketing use, especially paid ads, it's safest to have clear consent from anyone who is prominent in the content. If the content includes children, health information, sensitive personal details or a testimonial about results, get tailored advice before using it.

Music, Fonts And Platform Sounds

Music is a big one. A sound available inside TikTok or Instagram may be licensed for posting on that platform, but not for your brand's paid ads, website, YouTube pre-rolls or email marketing.

Your agreement can require the creator to use only original content or properly licensed assets. You can also require them to confirm, including through any relevant music licence wording, that they haven't included music, fonts, images or footage that would stop your business using the content as planned.

Competitors And Other Brands

Content that shows another brand's product, trade mark or packaging may be fine for a casual post, but risky in a polished ad. It can also weaken your message.

Ask creators to avoid visible third-party logos where possible. If they can't, make sure you have the right to reject or request changes before the content goes live.

Influencer Content Licence Agreement Checklist

Your agreement should spell out the commercial deal and the usage rights in plain language. Free templates can be tempting, but they often miss the details that matter most for ads, editing, expiry dates and customer UGC.

Here is a practical outline you can use to brief your legal team or check whether a draft covers the key points. This isn't a finished legal document. A lawyer should tailor it before it's used.

1. Parties: Write the legal names, trading names, NZBN if relevant, contact details and social handles of the brand and creator.
2. Content: Describe exactly what is being licensed, such as 3 Reels, 10 edited photos, raw footage, captions or testimonials.
3. Ownership: State who owns the copyright, whether any commissioned-work exception is being relied on, and whether your business is getting a licence or an assignment.
4. Licence Scope: List the allowed uses, including organic social, website, email marketing, paid ads, marketplace listings or print.
5. Platforms: Name the platforms covered, such as Instagram, TikTok, Facebook, YouTube, Google Ads or your own website.
6. Territory: State whether the licence applies in New Zealand only, New Zealand and Australia, worldwide, or another area.
7. Duration: Set the start date, end date, renewal process and what happens to live ads or scheduled emails when the licence expires.
8. Paid Advertising: Say whether boosting, whitelisting, Spark Ads, partnership ads, dark posts or retargeting are allowed.
9. Editing Rights: State whether you can crop, resize, add text, cut clips, create stills, translate captions or make other changes.
10. Approval Process: Set review rounds, deadlines, who approves final content and when content is treated as accepted.
11. Creator Warranties: Ask the creator to confirm the content is original and doesn't infringe third-party rights.
12. Privacy And Releases: Cover consent for people appearing in the content and any required releases for testimonials or sensitive material.
13. Compliance: Require content to follow the Fair Trading Act 1986, Advertising Standards Authority rules and platform policies.
14. Payment: Set the fee, invoice timing, GST position if relevant, what the fee covers and any extra usage fees.
15. Takedown And Expiry: Explain when content must be removed, paused or stopped, and who is responsible for doing that.
16. Records: Attach the final approved content, campaign brief and any written consents so everyone can find them later.

If the licence sits inside a wider influencer agreement or brand influencer contract, make sure the two documents match. For example, your influencer agreement shouldn't say the creator owns everything with limited reposting rights, while the separate licence says you can run worldwide paid ads forever.

Key Takeaways

• In New Zealand, creators are often first owners of copyright, but your business may be the first owner of some paid commissioned works, such as photographs, films or sound recordings, unless the agreement says otherwise.
• Even where ownership is clear, a written licence should say exactly where, how, for how long and in which countries you can use the content.
• Paid advertising, whitelisting, editing, AI changes and use of a creator's image or voice should be covered clearly.
• If content includes other people, music, logos or third-party assets, you may need extra permissions before using it in marketing.
• Your licence should work alongside New Zealand rules like the Copyright Act 1994, Privacy Act 2020 and Fair Trading Act 1986.
• A tailored agreement helps you reuse great content confidently without creating ownership, expiry or approval issues later.

If you'd like help with influencer content licences, paid advertising usage rights, editing permissions and customer UGC permissions, you can reach us at 0800 002 184 or team@sprintlaw.co.nz for a free, no-obligations chat.