Key Usage Rights for Video & Photo: Everything You Need to Know

When creating advertisements for TV, social media, or even out-of-home (OOH) platforms like billboards, understanding video and photo usage rights is essential. Brands must navigate the complex world of usage rights to avoid legal issues or fines, especially when professional talent, music, or artwork is involved. Whether you're producing a high-budget commercial or a digital ad for social platforms, having a clear understanding of your distribution plan, talent contracts, and usage rights can save you time, money, and potential legal headaches.

So, let’s break down the key aspects of usage rights for video and photo content that you need to be aware of, focusing on deliverables, duration, and distribution. By the end of this article, you'll have a much better understanding of how to manage usage rights and protect your brand.

Why Usage Rights Matter

Usage rights are critical to ensuring that a brand is legally protected when using third-party elements like talent, music, or art in advertisements. These rights define how, where, and for how long you can use those elements in your marketing & advertising assets. Without securing the proper permissions, brands risk fines, legal disputes, or having to pull their ads entirely.

This topic is especially important when working with professional talent, including actors, voice-over artists, and even photographers or musicians. Each of these professionals typically operates under contracts that outline how their work can be used, including timeframes and geographical reach.

Three Key Factors in Usage Rights  

To fully understand and manage video and photo usage rights, it’s essential to break things down into three main categories for your advertisements: deliverables, duration, and distribution.  

1. Deliverables: What Are You Producing?

The first factor in determining usage rights is the nature of the content you're creating. Are you producing a 30-second TV commercial, a 60-second online video, or a series of banner ads for a website? Will there be cut downs, lifts, or alt versions? Understanding exactly what you’ll be delivering will help define the usage terms for any talent or music involved.

For instance, if you’re hiring actors for a commercial that will run on TV, the amount you will pay each actor for their usage rights will depend on how many ads you plan to produce with their likeness. Similarly, if you plan to take still photos for online banner ads, the photographer will need to know how many images are being used and where they will be displayed.

Knowing the full scope of deliverables helps brands and agencies properly budget for usage fees. It ensures that no additional costs crop up later when a new cutdown of a video or additional image is required.  

2. Duration: How Long Will Your Ads Be Used?

The second key element is duration. Understanding how long your ads will be in circulation is crucial in determining the usage rates for professional talent, music, or other creative assets. This period could range from a few months to several years, depending on the campaign's goals.

Typically, usage rights for ads last anywhere from 3 to 24 months. If you’re not sure about how long you will need to run your ads, it’s possible to negotiate upfront with talent to include extended usage options at a later date. This gives you flexibility in case your campaign performs better than expected and you want to extend it beyond the initial run period.

However, requesting perpetual usage rights is a controversial subject, especially with professional talent. Many actors and voice-over artists prefer not to sell their likeness or voice for an indefinite period, as it could restrict future opportunities for them. Moreover, perpetual rights often come with significantly higher fees. Brands need to weigh the cost against the benefit of locking down rights indefinitely, particularly when working with well-known talent.  

3. Distribution: Where Will the Ads Be Shown?

The final piece of the usage puzzle is distribution. Where your content will appear plays a significant role in determining how much you'll pay in usage fees. Different distribution channels can have varying costs associated with them, especially when professional talent or copyrighted materials are involved.

For example, if your ad will air nationally on broadcast TV, the usage fees will be different than if it's limited to a specific region or only distributed online. This extends to digital platforms as well, such as over-the-top (OTT) services like Hulu or connected TV (CTV) platforms.

Distribution also affects music licensing and photography usage. Using a popular song in a local social media campaign will incur different fees than using it in a national television ad. Similarly, photographers will charge different usage rates depending on where their images are displayed and for how long.

Understanding Usage Rights for Various Elements  

Now that we've covered the key factors that influence usage rights—deliverables, duration, and distribution—let’s dive into the different elements of an ad campaign that are impacted by usage rights.

1. Professional Talent 

If you’re using actors, models, or voice-over artists, you're paying not only for their time but also for the rights to use their likeness or voice in your ads. These rights are typically negotiated upfront based on the scope of the campaign, including the number of ads, where they’ll run, and for how long. Ensure that you have clearly defined terms in your contracts to avoid overstepping usage agreements, which could lead to fines or additional payments.  

2. Music Licensing

Music is another area where usage rights are critical. If you're using a popular track instead of stock music, you'll need to negotiate rights based on the length of time and the platforms on which your ad will run. As with talent, the larger the distribution and the longer the duration, the higher the cost.  

3. Photography

When hiring a photographer to shoot images for your campaign, you must consider usage rights as well. Photographers typically charge additional fees for the usage of their images based on how and where they’ll be used. A clear distribution plan will help you lock in the appropriate usage terms and avoid any unexpected costs down the line.  

4. Artwork

Though less common, artwork (such as murals or sculptures) visible in an ad may also require usage rights. If you film an advertisement featuring a mural in the background, you may need to negotiate with the artist to secure permission for its use in your paid media campaign. Ensure this is addressed early to avoid issues during the ad’s release.

Securing the appropriate usage rights for video and photo content is a vital step in producing any advertising campaign. By understanding the deliverables, duration, and distribution of your ads, you can plan ahead and avoid legal complications. Whether you're working with professional talent, licensed music, or photographers, always ensure your contracts cover all aspects of usage to protect your brand.