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Usage rights and exclusivity cheatsheet

Usage rights and exclusivity are separate from the content fee and should be written into every deal: define the channels, whether use is organic or paid, the duration, and whether the brand can edit; for exclusivity, define the category, the competitors, and the period, and price both as add-ons.

By Distinct ·

The terms to agree in writing before any content goes live, for both creators and brands.

Usage rights: define all four

  • Channels

    Brand's organic social, paid social ads, website, email, out-of-home.

  • Organic or paid

    Running content as an ad is a different licence from reposting it.

  • Duration

    For example 30, 90, or 180 days, or 12 months. Perpetual is a separate, much higher price.

  • Edits

    Can the brand cut, crop, add text, or combine your content with other footage?

Typical pricing conventions

  • Organic repost on the brand's channels: often included

  • Paid usage: commonly a 20 to 100 percent uplift for 3 to 12 months

    Scales with duration and breadth.

  • Whitelisting (ads from the creator's account): priced separately

    Usually per month of access.

  • Perpetual, all-media rights: a large multiple of the content fee

Exclusivity: define all three

  • Category

    As narrow as possible: protein bars, not food.

  • Named competitors

    A list removes arguments later.

  • Period

    Counted from the go-live date. One month is routine.

Red flags

  • Usage or rights clauses with no end date

  • Exclusivity defined as the whole industry

  • Paid usage mentioned only after the content is delivered

Keep the business side in one place

Distinct keeps your media kit, rates, and brand deals together, so the numbers on this sheet live next to the deals they are for. See how it works.

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