In short
- Sections 30 and 30A of the Copyright Act, 1957 require a written licence that names the work, rights, duration and territory. Silence falls back on defaults you did not choose.
- Who owns a brand-commissioned video by default is unsettled, because section 17(b) points to the commissioner for films and photographs made for payment. Write ownership down either way.
- Platform permission is separate from the licence. Instagram lets creators revoke partnership-ad permission at any time, so the licence should price that risk.
- Treat edits, likeness, AI use and expiry takedown as their own clauses. Section 57 gives authors rights against distortion that survive even a full assignment.
A content licence is a signed document in which a creator permits your brand to use identified content, in named places, for a stated period and territory. Under section 30 of the Copyright Act, 1957, a licence must be in writing, and section 30A carries the assignment rules of section 19 across to it: the document must identify the work and state the rights, the duration and the territory. A thread of WhatsApp messages does not do that job.
This post is the drafting companion to our guide on usage rights for influencer content, which covers how to scope and price each right, and to clause 5 of influencer contracts in India. It sits under our complete guide to influencer marketing in India. Everything labelled as a sample is a starting point to adapt with counsel, not a standard form.
Licence, assignment or silence
Pick one on purpose. The three outcomes differ in price, in risk and in what happens when the campaign ends.
| Route | What the brand gets | What the Act says | When it fits |
|---|---|---|---|
| Non-exclusive licence | Named uses for a set period; the creator keeps the content and can reuse it | Section 30: a licence in writing by the owner or a duly authorised agent. Section 30A applies section 19 | Most creator posts, reposts and partnership ads |
| Exclusive licence | The same, with the creator barred from licensing it to others | Same sections; exclusivity is a term you write | A hero film or a face-led series you do not want competitors to reuse |
| Assignment | Ownership for the rights, period and territory stated | Section 18 allows partial assignment, limited by medium, term or area. Section 19 needs a signed writing | Bespoke assets: a brand jingle, a mascot, a commissioned shoot |
| Silence | Whatever section 17 and the platform's terms leave you | Defaults apply, none of which you chose | Never |
An assignment is not a bigger licence. Under section 19(3) it must also state the royalty or other consideration, and section 19(4) deems the assigned rights lapsed if the assignee does not exercise them within a year, unless the document says otherwise. If you buy ownership, say that rights do not lapse for non-use during the period.
Who owns the content if nobody says
Section 17 makes the author the first owner, subject to exceptions. For a photograph the author is the person taking it. For a cinematograph film, which section 2(f) defines to include video films, the author is the producer, and section 2(uu) defines the producer as the person who takes the initiative and responsibility for making it.
Section 17(b) then adds a rule that matters for brand work. For a photograph taken, or a film made, for valuable consideration at the instance of any person, that person is the first owner in the absence of an agreement to the contrary. Read literally, a brand that commissions and pays for a Reel could be its first owner.
Our usage rights guide gives the cautious working position that a creator keeps what they make. Section 17(b) is a reason to hold that position loosely. We found no decision on a creator video made to a brand brief and posted on the creator's own handle, so we cannot say which default a court would apply. That uncertainty is the best argument for a licence that states ownership and ends the question.
The ten clauses
| # | Clause | What it must say | Why |
|---|---|---|---|
| 1 | Parties and authority | Legal name of the creator or company; if a manager signs, a written authority attached | Section 30 recognises a licence by a duly authorised agent, so ask for the authority |
| 2 | Licensed content | Each item listed by link or file name and date; future content licensed only when it exists | Section 19 needs the work identified; section 30 starts a licence for a future work when it comes into existence |
| 3 | Rights granted | A closed list of uses; exclusive or not; who may sub-license, such as your agency | Anything not listed is not licensed |
| 4 | Period and territory | Start at go-live, a fixed end date, a short run-off, the territory | Defaults are five years and India, as we read section 19 |
| 5 | Edits and moral rights | Allowed and barred edits; the label stays | Section 57 survives any assignment |
| 6 | Likeness and name | A separate permission, limited to the content as delivered | ASCI Chapter I and CCPA rule 12(c) require permission where a reference to a person gives an unjustified advantage or ridicules them |
| 7 | Fee and renewal | Licence fee, price per renewal period, payment date | Section 19(3) expects consideration to be stated |
| 8 | Warranties | Original work; cleared music and footage; consent from people in frame; no AI likeness without consent | Keeps third-party claims with the person who can answer them |
| 9 | Platform permissions | Creator keeps partnership-ad permission in place for the period | The platform lets the creator revoke it at any time |
| 10 | Expiry and takedown | What stops on the end date, what may stay, and how fast | Ends the licence cleanly; see our content takedown process |
Platform permission is not the licence
When a brand runs a creator's post as a partnership ad, the creator grants permission inside the platform. Instagram's help page describes two types: content-level permission for a single post, Story or Reel, and account-level permission for broader, ongoing use. It also says creators and other partners can revoke permissions at any time.
That sentence changes how you draft. The contract cannot disable the revoke button. What it can do is make withdrawal without cause a breach, require notice before a creator withdraws, and fix the remedy, such as a refund for the days of the licence that you could not use. Section 74 of the Indian Contract Act, 1872 lets a party that complains of breach receive reasonable compensation not exceeding a sum named in the contract, whether or not actual loss is proved, so a named amount for withdrawal is an option to discuss with counsel.
Instagram's page also says advertisers can edit the content for ads while the original post stays the same, and that creators can unhide comments an advertiser hid. Put the comment-moderation boundary in the brief so neither side is surprised.
Likeness, moral rights and AI
Ordinary rights cover the content as posted. They do not cover new content built from the creator's face or voice. ASCI's 2026 guideline on synthetically generated content lists using a person's likeness without consent among prohibited uses, and says replicating a real person's likeness or voice in an ad, even with consent, needs a label in its personalised-messaging example. We explain the label rules in AI-generated content rules for influencers.
Section 57 of the Copyright Act lets an author claim authorship and restrain or claim damages for distortion, mutilation or modification that would harm their honour or reputation, even after the copyright is assigned. A re-cut that changes the meaning of a creator's sentence is the risk. Treat approval of edits as a clause, not a courtesy. Third-party marks in the frame are covered in trademark and comparative claims.
Sample licence
Licence of creator content (schedule to the creator agreement dated [date])
1. Parties and authority. [Creator legal name] ("Creator") licenses [Brand legal name] ("Brand"). If an agent signs for the Creator, the agent's written authority is attached as Annexure A.
2. Licensed content. The items listed in Annexure C, each by [link or file name, date, format]. Content made after signature is licensed from the moment it exists.
3. Rights. A non-exclusive licence to (a) repost the content on the Brand's own handles listed in Annexure B; (b) run it as a partnership ad from the Creator's handle; (c) display it on the Brand's website and marketplace listings. No other use is licensed.
4. Period and territory. From the go-live date for [90] days, in [India]. Ads already scheduled may run for [7] days after the end date. The Brand may extend in 30-day periods at [25] percent of the licence fee per period by written notice before the end date.
5. Edits. The Brand may trim, caption, subtitle, translate and resize. It shall not change any claim, remove the disclosure label, or alter the Creator's words or voice. Nothing here limits the Creator's rights under section 57 of the Copyright Act, 1957.
6. Likeness. The Brand may show the Creator's name, face and voice only as they appear in the licensed content. It shall not create or distribute a synthetic or re-voiced version without separate written consent.
7. Fee. [Amount] for the licence period, payable [date]. Renewals are priced under clause 4.
8. Warranties. The Creator warrants that the content is original; that music, footage and marks belonging to others are cleared for paid use; and that every identifiable person has consented in writing. No person under 18 appears unless agreed in writing in advance.
9. Platform permission. The Creator shall give, and keep in place for the licence period, the permission the platform requires for clause 3(b). If the Creator withdraws it without cause, the Brand may [recover the fee for unused days / require a replacement post].
10. Expiry. On the end date the Brand stops all ads and removes the content from its website and listings within [7] days. Organic reposts on the Brand's handles [may remain / shall be removed].
Five drafting traps
- The licence lives in a thread. Keep one signed schedule for each campaign, and treat chat messages as evidence, not as the licence.
- "Perpetual" with nothing else. A perpetual right still needs media, territory and a fee line. Without them, you have rights nobody can describe.
- A silent period. If the text says nothing, section 19(5) as read across by section 30A suggests five years, which may be longer or shorter than you meant.
- The one-year lapse. If you license ad rights for a campaign that starts in month 14, check section 19(4) and say in the licence that the rights do not lapse for non-use.
- The agency as licensee. If the brand's agency holds the licence and its contract ends, the licence should pass to the brand or name the brand as a permitted user. Our agency contract checklist shows how the two documents line up.
What to take to counsel, and what we could not source
Ask counsel four things: whether section 17(b) applies to your creator content; whether your e-sign process satisfies the signed-writing words; how stamp duty applies in your state, which we have not sourced; and whether a named sum for early withdrawal is enforceable on your facts. We read the Copyright Office's copy of the Act, which includes the 2012 amendments. India Code's own copy would not open on 1 November 2026, so confirm the current text before you rely on a section number.
The licence fee is a line in the budget, not an afterthought. Our influencer rates guide shows what usage premiums look like, and our service pages on UGC content creators and creator ads and whitelisting show where licensed content is used hardest. Disputes about a licence belong in the dispute clause covered in influencer dispute resolution. If you want a licence schedule built into your next creator plan, send us the brief. Our ASCI influencer guidelines explainer covers the labels that must survive every re-cut.
This is general information, not legal advice.
Sources
- The Copyright Act, 1957 (sections 2(d), 2(f), 2(uu), 17, 18, 19, 30, 30A and 57), Copyright Office copy incorporating the 2012 amendments; India Code's own copy could not be opened on 1 Nov 2026, Copyright Office, Department for Promotion of Industry and Internal Trade (undated, accessed 1 Nov 2026)
- The Indian Contract Act, 1872 (section 74: compensation where a sum or penalty is stipulated), India Code, Legislative Department (undated, accessed 1 Nov 2026)
- About partnership ad permissions, Instagram Help Centre (Meta) (undated, accessed 1 Nov 2026)
- The ASCI Code, Chapter I (references to a person, firm or institution) and Guidelines for Responsible Labelling of Synthetically Generated Content in Advertising (signed 17 Sep 2026), ASCI (undated pages, accessed 1 Nov 2026)
- Guidelines for Prevention of Misleading Advertisements and Endorsements for Misleading Advertisements, 2022 (rule 12(c)), Central Consumer Protection Authority, Gazette of India (9 Jun 2022)
Frequently asked questions
What is an influencer content licence?
It is a signed document in which a creator permits a brand to use identified content in named places, for a stated period and territory, in return for an agreed fee. It is narrower than a transfer of ownership. Our post on usage rights explains how to scope and price each right before you draft.
Does the licence have to be in writing?
Section 30 of the Copyright Act, 1957 speaks of a licence in writing by the owner or the owner's duly authorised agent. An assignment must also be signed by the assignor under section 19(1). We have not verified how electronic signatures interact with these words, so ask counsel to confirm that your e-sign process is enough.
What happens if the licence does not state a period or territory?
For assignments, section 19 deems the period to be five years and the territory to be India, and section 30A applies section 19 to licences with necessary adaptations. That is our reading of the text, not a decided point. Do not rely on it: state the period, the media and the territory yourself.
Can a brand edit a creator's video for ads?
Only as far as the licence allows. Allow trimming, captions, subtitles, translation and resizing, and bar any edit that changes a claim, removes the disclosure label or puts new words in the creator's mouth. Section 57 of the Copyright Act also lets an author object to distortion that harms their honour or reputation.
Can a creator withdraw permission during the licence?
On the platform, yes. Instagram says creators and other partners can revoke partnership-ad permissions at any time. The contract cannot stop the click, but it can say that withdrawal without cause is a breach and fix the remedy, such as a refund for unused days. See our service page on creator ads and whitelisting.
Who owns the content if the contract says nothing?
The author is the first owner under section 17, but for a cinematograph film the author is the producer, and section 17(b) gives a person who commissions a photograph or film for payment first ownership absent a contrary agreement. We found no decision on a creator Reel made to a brand brief, so write ownership down.