Guide
Perpetual usage rights: refuse or price a buyout
This page is not legal advice and is not a substitute for a lawyer. Have an attorney in your jurisdiction review any contract, licence, or rights grant before you sign.
Refuse-or-price checklist
Walk the list in order. If you tick four or more “refuse” boxes, do not sign. If you tick “price”, send the buyout row, not a polite maybe.
| Clause in their paper | Refuse if… | Price if… | Counter |
|---|---|---|---|
| In perpetuity / forever | No extra fee | They will pay 3–5× | 12-month paid + organic stay-up |
| All media / all formats | Includes OOH, TV, pack | They name ads-only | Named platforms only |
| Worldwide | You have no worldwide rate | They pay worldwide cell | US (or home market) only |
| Sublicense / agencies / partners | Any unnamed third party | Named agency only | Named entity + no sublicense |
| Likeness in new campaigns | They can recut claims | Approved masters only | No new edits without fee |
| Raws included | Always refuse inside a Reel fee | Separate raw buyout | No raws |
| Irrevocable | You cannot pull a harmful ad | Term + kill on ads | Revocable paid media on notice — US authors may have 17 USC §203 termination rights after 35 years on grants made after 1978; ask counsel on assignments |
Buyout math that is not 2× a Reel
Floor
3× content fee for ads-only, one platform family, worldwide, no raws, no packaging. Below 3× you are guessing they will never scale. They will.
Likeness + packaging + TV
3–5× as a floor for worldwide all-media including likeness; quote higher or a day-rate talent deal when packaging, OOH, or TV is in scope.
Organic stay-up is free-ish
Leaving the collab post live is not a buyout. Say “organic remains; paid ends on [date]” so they cannot equate the two.
| Option on $800 Reel | What they get | Quote |
|---|---|---|
| Organic stay-up only | Post remains; no paid forever | Included in content fee |
| 12-month paid social | Brand ads, named platforms, ends day 365 | +80% = $640 → $1,440 total |
| Buyout 4× | All media, worldwide, no end date | $3,200 (not $800 “with rights”) |
| Refuse | Irrevocable perpetual at Reel price | $0 — walk |
Send the middle two rows together. Legal templates that only offer row 4 are not a negotiation.
What you still own after a buyout
- Copyright can stay with you while they hold a licence — unless you assign copyright. Assignment is rarer and should cost more than a licence buyout.
- Portfolio reuse is not automatic after a broad assignment or exclusive licence — reserve portfolio rights in writing unless they paid for a portfolio ban (price that too).
- You cannot stop a paid-forever campaign if you signed irrevocable perpetual. That is the point of the checklist.
- FTC labels may still be required on ads. Perpetuity does not delete disclosure.
A reply that does not lecture
“I can leave the organic post up. Paid media I sell in 12-month blocks at +80% of the content fee, or as a buyout at 4× if you need all media worldwide with no end date. I don’t sign irrevocable perpetuity at the Reel price.” That is the whole email. If they come back with “legal won’t change templates”, you are not in a negotiation — you are in a take-it-or-leave-it. Leave it unless the 4× lands in a platform payment hold first.
Creators sign perpetual because the shoot is booked for Thursday and the PDF arrived Wednesday night. That is a rush problem and a rights problem stacked. If the paper shows up late, the perpetual clause waits until Friday and the shoot moves, or they pay the rush cell and the buyout. You are not difficult. You are refusing to give away the rest of the asset’s life for a weekend panic.
Related guides
Usage rights & licensing
Perpetual rights questions
+Should I ever agree to perpetual usage?
Only as a named buyout with a buyout price, or for a tiny still you do not care about. Perpetual as a default in their template is a no. Time-box paid ads even if you allow the organic post to stay up.
+How much is a buyout versus a 12-month licence?
Working range: 3–5× the content fee for worldwide all-media including likeness, more if they want raws. A 12-month paid-social licence is often +75–100% of the fee — not the same product.
+What does “in perpetuity, all media, worldwide” actually grant?
They can run the asset forever, in any country, in ads, email, packaging, TV, and sublicense it. Your face can show up in a context you hate in 2031. That is why it is not “the same as leaving the Reel up”.
+Can I time-box paid ads even if organic is perpetual?
Yes, and you should. Organic post stays live; paid media ends on a date. Split the sentence. Brands who need forever ads can buy the buyout cell.
+How do I refuse perpetual rights without losing the deal?
Offer 12 months paid social at a stated % and a buyout quote beside it. Let them pick. Silence plus their template is how perpetual sneaks in.
+What does a buyout quote look like on an $800 Reel?
12-month paid social ~+80% = $640 (total $1,440). Buyout at 4× = $3,200 all-media worldwide, no end date. Put both numbers in one email so “perpetual at Reel price” dies.
Default to a dated licence on the card
BlueRateCard add-ons are time-boxed usage and exclusivity, not “in perpetuity” hiding in a PDF. Brands pay the cell they pick. Free for creators.