Become an influencer marketer, they said. It'll be fun, they said. Yet here you are, curled up in a ball, juggling roles from social media manager to negotiator, data analyst to creative director. And let me not even get started on amateur lawyer.

Influencer marketing is demanding, and it's perfectly normal to feel more confident in some aspects of the role than others.

Today, I want to get into the legal side of things, specifically those pesky usage rights.

Even experienced marketers struggle with this sometimes.

Before we tackle a few questions I see surface often, remember this: the most successful marketers treat usage rights conversations as strategy discussions, not legal battles. You’re not a lawyer, I’m not a lawyer, influencers aren’t lawyers.

Negotiating around usage rights is about making the content work harder for everyone involved.

Question #1: Do I have to ask for usage rights?

Let's address this head-on: Yes. If you want to reuse an influencer's content—even just for organic social—you need permission. Period.

But here’s what’s actually happening: Most standard influencer contracts include usage rights language. Many marketers admit they don't highlight this clause unless the influencer brings it up. Their reasoning? It saves time and potentially money.

If you can get usage rights for free and without any fuss, why not?

But here's the problem: This approach, while common, isn't professional. It relies on creator ignorance, particularly from smaller influencers who might not know better.

And at a time when 87% of marketers acknowledge that influencers are becoming more business-savvy, this strategy isn't sustainable.

Instead of hoping influencers don’t read their contracts or understand their rights, it’s smarter to know how to talk about and price usage rights so that everyone wins.

Q2: How much should I pay for usage rights?

There are two ways to pay for usage rights: pay a flat fee or pay a percentage of the influencer’s base fee per month. Most creators are happy to give permission for you to share their content organically for free.

Flat fees

Influencer coach Jessica Sloann advises creators to offer organic usage for free for three to six months, $1,000 for paid usage rights for 30 days, and anywhere between $250–$500 for usage rights on a brand’s website for 30 days.

Don't ask creators for their usage rights fees; instead, propose combined rates upfront to put yourself in a stronger negotiating position and get better deals.

“Our offer for this campaign is $XXXX, including 3 Reels, 1 Story, and one month of digital usage rights.”

Percentage of base fee

The second approach involves paying a percentage of the influencer’s base fee for every month of usage rights. Depending on the influencer's negotiation skills, size, social media platform, and more, expect to pay between 25% and 100% of their base fee.

Buuut, if an influencer wants 40% or more of their base rate for monthly usage, the math won’t usually work in your favor.  Be cautious in these situations.

Some examples:

• UGC creator Julia Phillips charges 30% of her base rate for every month of usage rights.

• Creator business coach Kristen suggests charging nothing for organic usage for a fixed time period, 25–30% of the base rate for whitelisting for 30 days, and 15–20% of the base rate for paid media usage rights for 30 days.

Always specify the type of usage rights—such as “digital.” Digital is best for any repurposing you intend to do on the Internet because it has a broader scope than just “social.”

Q3 When should usage rights actually start counting?

This is trickier than most marketers realize. The standard "3 months of usage rights" can mean different things to different people.

Here's how to navigate this:

• Specify that the clock starts when you first use the content, not when it's delivered. This gives your team flexibility in campaign timing while being fair to creators. 

• Give creators an estimated timeline of when you'll start using their content.

• Include extension fees in the original contract (trust me, this saves awkward negotiations later)

  Add a clause that lets you extend usage rights at the original rate if you request it within the first month of usage. This gives you flexibility without forcing upfront commitment.

Download our template

If you need a full influencer contract, I’ve got one for you. It has been edited and approved by over three pro influencer marketers.

It’s a good starting point and will probably get you 80% of the way in 80% of cases. Of course, as with any contract, you want to have a lawyer familiar with your brand take a look at it.

Iconic #Sponcon

We always tell our Modash customers that good things can happen outside your niche.

How do you know which other niches to choose? I’ve written about this here. Loop Earplugs is a great example of a brand doing this in real-time.

The first time I saw Loop Earplugs in my feed, they were using lifestyle influencers who were attending concerts.

Over time, I’ve seen all types of influencers partner with them. DJs, musicians, students, readers, neurodivergent creators. Today, I saw this pop up in my feed.

A mother.

How does Loop find these new niches to try? They think long and hard about how and when their product is used.

If you’re stuck or using the same types of influencers and want to grow your program, think about your product, think about your customers, and think about when, how, and why they’re using your product. You’re sure to come up with a few new niche ideas you can test.

Have you seen (or worked on) iconic sponsored posts lately? I want to see ‘em. Send to [email protected] 

See you in the next issue of ROI!
Eleni Zoe xx
Marketing @ Modash. Say hi on LinkedIn or visit Modash.

📌A NOTE ABOUT WHAT YOU JUST READ

The tips in this newsletter might not be right for your specific case. Use good judgment when deciding whether to take advice from the internet—even mine. My team and I survey & interview influencer marketers whose advice and observations come from their direct experience. ROI is meant for you to connect the dots and be inspired or challenged to think about your influencer marketing in a way you haven’t before.