Creator content rights: licences and assignments
Who owns your content, licence vs assignment, the written-form rule (Italian Art. 110), what to ask a brand and why piracy reports start with the rights holder.
People who create content sign agreements, often without reading them closely, that decide who owns the work. A brand that asks to “use” your video, a platform with long terms of service, a collaborator who edits your course: each has a different idea of what happens to the rights. This guide is informational, not legal advice: for a real contract, have a lawyer help.
The legal references are Italian (law 633/1941), read on Normattiva, current to 12 June 2026, because our readers include creators working in Italy; the principle of written terms and limited licences travels, the details do not. Where we could not verify a passage in the official text, we don't cite it.
Who owns the rights to your content?
As a rule, you do, as the author. Italian copyright law gives the author the exclusive right to publish the work and exploit it economically in every form. The rights stay yours until you assign them or license them in an agreement. This holds for your video, text, original music and photos you took. It does not hold automatically for what you took from others (someone else's music, third-party images) or for content made by a collaborator without a written agreement: there you have to check who did what. For content made with the help of artificial intelligence, Italian law protects works of human creative intellect, even if created with AI tools, provided they result from the author's intellectual work: we cover it in AI for creators.
Licence or assignment: what is the difference?
With a licence you stay the rights holder and let someone use the rights within precise limits. With an assignment you transfer the rights: whoever receives them becomes the holder for what was assigned. In most brand collaborations a limited licence is enough.
| Licence | Assignment | |
|---|---|---|
| You stay the rights holder | Yes | No |
| Use can be limited in time | Yes | Depends |
| Use can be limited to a territory or channel | Yes | Depends |
| The recipient can pass the rights on to others | Depends | Yes |
| Written proof is required (Art. 110) | Yes | Yes |
A general scheme by the editors, not a rule of law: what counts is what is written in the contract. “Depends” means it depends on what was agreed.
One point the sources confirm is form. Article 110 of law 633/1941 says: “La trasmissione dei diritti di utilizzazione deve essere provata per iscritto”, meaning the transfer of exploitation rights must be proved in writing (Normattiva). A verbal agreement, or an exchange of messages with no clarity, makes it hard to prove what was granted, and the damage almost always falls on whoever has the least protected position.
Three typical scenarios
A post for a brand. The brand wants to repost it on its own channels. A non-exclusive, time-limited licence limited to the brand's channels is usually enough. If it wants to use it as paid advertising, that is a different use and normally has its own price.
A course made with an editor. Before you start, write down who holds the rights in the finished product and in the raw material, what the collaborator can reuse (for example in their portfolio) and what not. This matters for reporting pirated copies too, which start with the rights holder.
Music found online. Check that the licence covers the use you will make (social, advertising, a paid course) and for how long. Keep the receipt or licence document with the project: if anyone challenges the use, it is the proof you need.
What should you write in a brand agreement?
In a brand agreement, write the duration of use, territory, channels, exclusivity, whether the content can be edited, the fee for extra uses and what happens at expiry. These are the items where most misunderstandings begin.
| Always write it | Has a price | |
|---|---|---|
| Duration of use | Yes | Yes |
| Territory | Yes | Sometimes |
| Channels (organic, paid ads, website) | Yes | Yes |
| Exclusivity | Yes | Yes |
| Edits to the content by the brand | Yes | Sometimes |
| Extra uses not foreseen | Yes | Yes |
| What happens at expiry | Yes | No |
General guidance by the editors, not a contract template. The price of each item depends on your audience and on the brand.
On fees, Article 107 of law 633/1941, as updated in 2021, gives those who license or assign exclusive rights an adequate fee proportionate to the value of the rights and the revenue they generate, with exceptions for accessory contributions and cases where the calculation would be disproportionate. It is a reference to have a lawyer read, who can tell you how it applies to your agreement: we mention it so you know it exists, not for you to apply on your own.
To work out what to ask in practice, read media kit and rates. For collaborations, also remember sponsorship disclosure and invoicing, which we cover in the VAT number guide.
An example clause to ask for (have it reviewed)
A clear usage clause might say, in substance: “The author grants the brand a non-exclusive licence, for [number] months, for the territory [Italy / EU / worldwide], for the channels [the brand's social profiles / website / paid advertising] only, for the content in the delivered version. Any different or longer use requires a written agreement and an additional fee. At expiry the brand removes the content from the stated channels.”
It is an example for understanding the structure, not text to copy: the right wording depends on context and should be reviewed by a lawyer. Note what it does: it limits duration, territory and channels, excludes unforeseen uses and says what happens at the end. These are the same items as the table above, written as a contract.
Which moral rights stay yours after an assignment?
Even after assigning the economic rights, the author keeps the right to claim authorship of the work and to object to distortion, mutilation or changes that could harm their honour or reputation. That is Article 20 of law 633/1941, in the summary we could verify.
In practice: a brand may have the right to use your video, but that does not mean it can edit it so that you say things you never said. If a contract asks you to waive these rights, get advice.
What do you need for other people's faces and music in your content?
To show a person's face you need their consent (Art. 96, law 633/1941), with limited exceptions in Art. 97; for music you need a clear licence for the use you make, especially in paid campaigns. Without releases and licences, the content you publish can expose you to takedown demands or damages claims. If other people appear in your video, you need their consent. Article 96 of the law says a person's portrait may not be displayed, reproduced or put on the market without their consent, with exceptions in Article 97, among them fame or public office and scientific, educational or cultural purposes. The exceptions do not apply if the use harms the person's honour, reputation or dignity. For music, use only tracks with a clear licence for the use you make of them, especially in paid campaigns. A platform offering a music library does not mean the same music works for an ad: check the terms.
What if someone copies your course?
To report a pirated copy you need to be the rights holder or an authorized representative. Telegram, for example, asks that reports about public bots, channels and groups come from them, as we explain in the first-48-hours checklist.
If the course is made with a collaborator, an agency or a company, the contract must say who the rights holder is and who can act. A per-student watermark, as we explain in Per-student watermarks for video courses, helps you see where a copy leaked from, but the rights holder decides how to react. For the wider picture, see our guide to video course piracy.
A checklist before you sign
Before you sign a rights agreement, check that the text says who the holder is, what is granted, for how long, where and on which channels, for what fee and with which exceptions. Six questions are enough to avoid most misunderstandings and to see when you need a lawyer.
- Does the text say who the rights holder is and what is granted?
- Are duration, territory and channels written down?
- Is exclusivity limited in time and priced?
- Does the fee cover extra uses, or is a new agreement foreseen?
- Have you checked releases for third-party faces and music?
- Has a lawyer read the parts you don't understand?
What changes with a platform's terms of use?
When you publish on a platform you accept its terms of use, which usually include a licence letting it display, distribute and adapt what you upload so the service can work. It does not take your rights away, but it authorizes a use of them. Read the licence section, especially if the content is a paid course or work commissioned by a brand. We have not read every platform's terms here and we don't summarize them from memory: they change and they differ. What matters is the practical rule: your contract with a brand cannot give it more rights than you have not already given to others, and vice versa. If you sign an exclusive assignment to a brand, check it does not conflict with the licence given to a platform or a collaborator.
When do you need a lawyer?
You need a lawyer when the contract provides for a total assignment, a long exclusivity, a clause that stops you using your own content, penalties or a waiver of rights you don't understand. You also need one when the value at stake is high compared with the cost of advice, and when a course or a format is your main business.
For simpler collaborations, clear writing and a checklist are enough. Bring to the meeting the contract, your rates (media kit) and your questions: duration, channels, exclusivity, edits, extra uses. For the tax side of what you earn, the VAT number guide is the place to start.
Key terms. A licence is permission to use a work within limits while the author stays the holder. An assignment is a transfer of rights to someone else. Moral rights are the author's rights to be credited and to object to distortion of the work.
How we checked this. We found in Article 110 of law 633/1941, which we read on Normattiva, that the transfer of exploitation rights must be proved in writing. We found Articles 20, 96, 97 and 107 only in partial text, so have a lawyer confirm them. We found no ready-made clause worth copying, so ours is only an example. Contact: hi@heytea.app. Editorial note: we fact-check every figure against the sources listed below and correct mistakes openly.
Frequently asked questions
Who owns the rights to the content I create?
As a rule, you do, as the author: Italian copyright law (Law 633/1941) gives the author the exclusive right to publish the work and exploit it economically, and most countries work on a similar principle. The rights stay yours until you assign them or license them in an agreement. If a contract with a brand or platform says otherwise, the contract counts: read it.
What is the difference between a licence and an assignment of rights?
With a licence you stay the rights holder and let someone use the rights within limits of time, scope and territory. With an assignment you transfer the rights: the assignee becomes the holder for what was assigned. In many brand deals a limited licence is the right solution; a total, unlimited assignment needs very careful consideration.
Does a copyright agreement have to be in writing?
For the transfer of exploitation rights, Article 110 of Italian law 633/1941 says it must be proved in writing. A verbal agreement or an informal exchange of messages makes it hard to prove what was granted. Always get a signed text, or at least a confirmation email with clear duration, scope and fee.
What should I ask a brand when it uses my content for a campaign?
Ask in writing for the duration of use, territory, channels (organic, paid ads, website), exclusivity, whether the brand may edit the content, the fee for any extra use and what happens at expiry. Without these items a misunderstanding about what the brand can do with your work arises, often discovered only when your content appears in an ad.
Who can report a pirated copy of a video course?
The rights holder or an authorized representative: Telegram, for example, asks that reports about public bots, channels and groups come from them. That is why it matters to know who holds the rights to a course, especially if you made it with collaborators or for others. Your contract with anyone who helps you should say so.
Sources
- Normattiva, Italian law of 22 April 1941 no. 633 on copyright, text updated to 12 June 2026: Arts. 1, 12, 20, 96, 97, 107, 110. normattiva.it
- Normattiva, Italian law of 23 September 2025 no. 132 on artificial intelligence, in force since 10 October 2025. normattiva.it
- Telegram FAQ, on copyright infringement reports. telegram.org