Licensing
Part of UGC licensing and reuse permissions
Distinguishing asset ownership from a usage licence
Understand the difference between owning a UGC file, licensing its use and transferring copyright, then record the rights your brand actually needs.
Owning or controlling a delivered video file is different from owning its copyright. A usage licence gives permission for agreed uses while the copyright owner keeps ownership; an assignment transfers copyright ownership to the extent stated. For commissioned UGC, payment or file delivery alone is not evidence of an assignment. Identify the owner and the rights the brand needs before deciding what to obtain.
For example, a brand licensed to use a finished cut has permission for the agreed uses, not ownership of the copyright. Permission to make new cuts depends on the licence terms.
Establish ownership for each element
List the finished cut, raw footage, stills, graphics, music and other material. Identify who made or supplied each part. The person who can license a video may not control a song or photograph within it.
The Copyright Act 1968 (Cth) provides the Australian copyright framework. As a general starting point, the creator owns literary, dramatic, musical or artistic work, while the maker owns a film or sound recording; ownership depends on the material and circumstances.
Read the actual agreement and identify the contributors before deciding who can grant rights. Under section 196 of the Copyright Act 1968 (Cth), an assignment must be in writing and signed by or on behalf of the copyright owner. File delivery or payment alone does not show that this requirement has been met.
Copyright protection is automatic in Australia, and copyright is not registered. There is no copyright registration to check when confirming who owns a commissioned UGC asset.
Ownership vs. Usage Licence: Key Differences
- Ownership of a Video FileYou possess the digital file (e.g., MP4, MOV), but not necessarily the copyright.
- Usage LicencePermission to use the asset for specified purposes, without transferring ownership.
- Assignment of CopyrightRequires a written, signed agreement under section 196 of the Copyright Act 1968 (Cth).
Choose the rights the brand needs
A limited campaign may call for a licence covering a finished video on named channels for a stated term. Plans to make new cuts from raw footage, distribute them through retailers or restrict other uses need express terms. Ownership transfer is one possible arrangement; choose it for a clear reason.
Question / What to record
- Who owns the copyright?
- The owner of each relevant element and any agreed transfer.
- What can the brand do?
- Covered files, uses, edits, users, channels, territory and term.
- What is excluded?
- Uses outside the grant and material licensed separately.
IP Australia describes a licence as permission to use IP, not own it. A non-exclusive licence permits multiple users while the owner can still commercialise some aspects.
A sole licence gives one person or business permission to use the IP while the owner may still commercialise some aspects. An exclusive licence excludes the owner and others from using it to make a profit. An exclusive licence can be limited by geographical area, field of application or class of product.
Address credit in the agreement. Also address edits that could affect the creator’s work.
Types of Licences and Their Implications
- Non-exclusive LicenceMultiple users may use the IP; owner retains commercial rights.
- Sole LicenceOne user permitted; owner can still commercialise the IP in some ways.
- Exclusive LicenceOwner and others cannot use the IP for profit; may be limited by territory or product type.
Keep the decision with the asset
Store the signed terms beside the approved versions. Mark any uncertain contributor or embedded material for resolution before the proposed use. A campaign manager should be able to see the permitted action without guessing from an invoice or an “approved” file label.
