Usage in perpetuity is among the most consequential and contested terms in creator marketing contracts. Under a perpetual license, a brand pays a creator once and retains the right to run that content in paid media, across any channel, without a defined end date and without additional compensation. Brands argue the arrangement provides the flexibility needed to redeploy proven assets across campaigns over time. Creator-side negotiators point to content licensed for single campaigns that remained in paid circulation years later, generating commercial value the original creator never participated in.
The topic of creator usage rights was the subject of one of our previous roundtables that identified perpetuity as one of the most frequently mishandled terms in creator deals, alongside whitelisting and AI training clauses.
That conversation established where the friction points lie. This one narrows to a more fundamental question we put to 33 Creator Economy executives, agency leaders, talent managers, and legal professionals: Is perpetuity ever fair?
Dan Albert, CEO, 456 Growth
Perpetuity isn’t the problem. Free perpetuity is.
Usage rights shouldn’t always expire. They should always be priced.
Nobody objects to a brand running a winning asset for three years. We object to them acquiring that right for $100, inside a template nobody read, on a line item nobody scoped. Perpetual usage is the most valuable thing a creator gives up, and it’s usually given away as a rounding error.
Make it available, expensive, and narrow. Perpetual duration is fair to sell. Perpetual scope – every channel, unlimited edits, likeness in new creative, no takedown right – is not. And be honest that you can’t audit your way out. At our scale, nobody catches an unattributed Amazon DSP placement. An unpoliced 30-day window is worth less than a perpetual license priced correctly.
Pricing, as a multiplier on base content fee: 30 days +0.35x. 12 months +1.5x. Perpetual, scoped, +3 to 5x. Whitelisting doubles it. CTV and OTT are a separate line, never “paid usage.” Perpetuity isn’t a bet on the average asset – that dies in 90 days. It’s an option on the winner. Price the tail. Build the ladder so 12 months always looks like the smart buy.
Read the full article here.