COPYRIGHT IN INFLUENCER CAMPAIGNS: WORK AGREEMENT, AUTHORSHIP, AND TRADEMARK USAGE RIGHTS

Influencer campaigns often focus on the number of shares, campaign date, advertising tags, and fees. However, the videos, photos, text, scripts, audio recordings, graphics, jingles, and similar content created by influencers can also constitute intellectual property rights.

Therefore, in an influencer campaign, the following questions must be clearly answered in the contract: “Who created the content?”, “Who is the author?”, “Does the brand become the owner of the content by paying a fee?”, “Can the brand use the video on other platforms?”, “Can the influencer give the content to another brand?”, and “Can the ad remain live after the campaign ends?”.

The relationship between the parties, in terms of content creation, may constitute a contract for work within the meaning of the Turkish Code of Obligations. However, the concept of "contract for work" as used in the Turkish Code of Obligations is not the same as the concept of "work" in the Law No. 5846 on Intellectual and Artistic Works. Every influencer's content can be created under a contract; however, not every piece of content automatically qualifies as an intellectual or artistic work protected by copyright law.

The Difference Between a Contract for Work in the Context of the Turkish Code of Obligations and a Work in the Context of the Turkish Copyright Law

According to Article 470 of the Turkish Code of Obligations, a contract for work is a contract in which the contractor undertakes to create a work, and the client undertakes to pay a price in return. The concept of "work" here refers to a tangible or intangible result of a service. Therefore, an influencer producing videos, photographs, or social media content of specific qualities for a brand may be subject to the provisions of a contract for work within the meaning of the Turkish Code of Obligations.

In this relationship, the influencer may be considered the contractor, while the brand or advertising agency may be considered the client. The influencer is obligated to create the agreed-upon content, protect the legitimate interests of the brand, comply with professional and technical standards, and deliver the work in accordance with the contract. Article 471 of the Turkish Code of Obligations regulates the contractor's duty of loyalty and diligence.

Conversely, for something to be considered an intellectual or artistic work within the meaning of the Copyright Law, it must bear the personal characteristics of its creator, be the result of an intellectual effort, and fall into one of the categories of works listed in the Law. Mere ideas, general campaign concepts, or concepts that have not yet been materialized do not benefit from copyright protection.

Therefore, a generic and completely brand-determined post by an influencer, such as "showing the product on the table and explaining three of its features," may not possess sufficient originality in the specific case. In contrast, content created by the influencer using their own narrative style, script, visual arrangement, editing, humor, and creative choices can be protected under the Turkish Copyright Law.

What category does influencer content fall under?

Influencer campaigns can include multiple types of content within a single piece of posts.

Originally written advertising copy, video script, blog post, or long explanatory text can be considered a work of science or literature. Original photographs taken and graphics created by influencers can be protected as works of fine art or photographic works, depending on their characteristics. A jingle consisting of original lyrics and melody can be considered a work of music. Advertising videos consisting of interconnected moving images and possessing the necessary originality can be evaluated as works of cinema, depending on the specific characteristics of the event. The Copyright Law regulates works of science and literature, music, fine art, and cinema as the fundamental categories of protection.

When an influencer creates new content by utilizing another work, the concept of derivative work arises. For example, rearranging a song, adapting another text into a video script, or transforming an existing drawing into an animation falls under derivative rights. While the creator of the derivative work owns rights to their own contribution, the rights of the original author remain.

Therefore, a brand or influencer saying "We reworked the content" does not eliminate the need for permission regarding the original work used.

Owning the idea for a campaign is not the same as owning the work

A brand can come up with a campaign idea. For example, the brand might give a general idea like, "An influencer will use the product in their morning routine and then talk about its benefits." However, this idea alone is not a tangible product.

If an influencer embodies this idea through an original scenario, visual storytelling, filming technique, and editing, the authorship may belong to the person or persons who created the work, not to the brand that originally came up with the idea. The fundamental rule of the Copyright Law is that the author is the person who created the work.

This distinction is important in practice. A brand creating a brief, sending products, arranging the shooting location, or paying the campaign fee does not automatically make the brand the creator of the work.

A trademark may only exercise its financial rights over the created work through a legally valid contract or license.

Who is the creator of influencer content?

If an influencer has created the content independently, the influencer is generally considered the copyright holder. However, depending on the nature of the campaign, it is possible for different individuals to hold the rights.

The influencer creating the content independently

If an influencer has written the script, directed the filming, edited the video, and created the text themselves, the rights to the work generally belong to the influencer.

A brand paying an influencer or sending them products does not automatically transfer ownership of the work to the brand. The Ministry of Culture and Tourism also states that when a work is commissioned for a fee, the person who commissioned it is not the direct owner of the work, but may be the holder of the financial rights under a valid written contract.

Working with a Photographer or Videographer

If an influencer has hired an independent photographer or videographer for their campaign, they may own the rights to certain elements of the photos or videos.

The difference between a photographer providing only a technical service and creating an original photograph by making choices regarding lighting, framing, composition, and aesthetics is significant. While technical services alone do not confer authorship, the person who makes a creative contribution can be considered the author. Article 10 of the Turkish Copyright Law stipulates that technical services and assistance with details are not sufficient for authorship.

The fact that an influencer pays the photographer for the shoot does not automatically mean they acquire all financial rights to the photograph. If the influencer wants to grant the brand extensive usage rights, they must first legally obtain those rights from their own team.

Working with a Screenwriter, Director, Editor, and Musician

A comprehensive advertising video can involve multiple creative individuals, including a scriptwriter, director, original music composer, dialogue writer, and animator.

According to Article 8 of the Copyright Law, if the content qualifies as a cinematic work, the director, original music composer, screenwriter, and dialogue writer can be considered co-authors. In works created using animation techniques, the animator is also considered a co-author.

An influencer's mere appearance in a video doesn't automatically mean they are the creator of the video. Authorship might only be considered if the influencer also wrote the script, directed, or created the creative content. The role of someone simply reading a text provided by the brand in front of the camera should be evaluated separately based on the specific circumstances of the case.

Content Prepared by the Agency

An advertising agency, being a legal entity, does not automatically become the copyright holder in place of the natural person who actually created the content.

In works created by agency employees within the scope of their duties, the right to use the financial rights may be exercised by the employer, unless otherwise agreed in a specific contract between them or in the nature of the work. However, the authorship of the work by the individuals who actually created it and the agency's right to use the financial rights must be kept separate.

If an agency outsources content production to freelancers or external providers, it cannot be assumed that the rights automatically transfer to the agency in cases where these individuals are not employees. The agency must obtain all rights it promises to transfer or allow the use of the brand from the content producers in writing.

Ownership of Copyrights in Content Contributed by Multiple Parties

If a work created by multiple people has separable parts, each person is considered the owner of the part they created.

For example, the composer of the original music in a campaign video may own the rights to the musical work, the influencer may own the rights to the text they wrote, and the photographer may own the rights to the photographs they took.

If the contributions cannot be separated and the resulting work forms an inseparable whole, a union may be formed among the authors. In this case, the participation of other authors may be required for the modification, publication, or exercise of the financial rights to the work.

A brand's mere contract with an influencer does not negate the rights of other copyright holders involved in the project. For an influencer to transfer rights to the brand, the transferred rights must genuinely belong to them or they must have received authorization from the other rights holders.

Therefore, a "chain of ownership" should be established in the campaign agreement. All usage permissions, from the photographer to the influencer, from the influencer to the agency, and from the agency to the brand, must be consistent with each other.

Does payment automatically transfer copyright?

No.

Payment for the content, delivery of the physical or digital file, and the brand's possession of the video do not automatically imply the transfer of intellectual property rights.

In the Copyright Law, ownership of a work copy and intellectual property rights in the work are separated. Unless explicitly agreed otherwise, the transfer of ownership of the original or a reproduced copy does not include the transfer of intellectual property rights.

For example, when an influencer delivers a high-resolution video file, raw footage, or project files to the brand, the brand automatically receives:

Using the video in a television commercial,
Changing the content,
Translate into another language,
Giving to third parties,
Broadcasting it as sponsored advertising for years,
Adding the influencer's face to other advertisements

It does not grant the right.

Each of these powers must be clearly defined in the contract.

What are Financial Rights?

The Copyright Law regulates the author's financial rights as independent powers. The transfer or permission to use one financial right does not imply the transfer of other rights.

The following are important financial benefits in influencer campaigns:

Processing Rights

Cutting, re-editing, translating into another language, adding subtitles, changing the music, or combining it with other content may constitute processing rights.

If a brand wants to transform an influencer's one-minute video into fifteen-second advertising versions, it must have explicit authorization for processing.

Reproduction Rights

Copying the content, saving it to computer systems, transferring it to advertising archives, or creating copies in different formats may fall within the scope of the right of reproduction. Article 22 of the Law on Intellectual and Artistic Works grants the right of reproduction to the author of the work.

Right of Dissemination

The sale, distribution, rental, or lending of physical copies of a work constitutes the right of distribution. While the rights of public transmission and reproduction are more prominent than the right of distribution in digital influencer campaigns, the right of distribution can also become important if the content is used in catalogs, brochures, product packaging, or printed advertising materials.

Right of Representation

Displaying the content in public places such as fairs, meetings, shops, events, or movie theaters may be considered within the scope of representation rights.

Public Communication Rights

The dissemination of influencer content to the public through Instagram, TikTok, YouTube, websites, digital advertising networks, television, or similar means constitutes a right of public communication.

Permission granted for an influencer to share content on their own account does not automatically mean the brand may use the content on its own account, website, and third-party advertising networks. Each platform used must be clearly specified in the agreement.

How should the transfer of financial rights be carried out?

According to Article 52 of the Turkish Copyright Law, contracts and transactions relating to financial rights must be in writing, and the rights subject to the contract must be specified separately. Therefore, general statements such as "All rights to the content belong to the trademark" or "The influencer transfers all copyright" are not sufficient or safe to prevent disputes.

The contract must clearly state which financial rights are transferred or granted:

Processing rights,
Reproduction rights,
Right of distribution,
Right of representation,
The right of public transmission.

The scope of the transfer or license must also be defined:

Usage period,
Countries of use,
Available platforms,
The distinction between organic sharing and sponsored advertising,
Whether the brand can grant permission to third parties to use it,
Whether the content can be changed,
Whether usage will continue after the campaign ends.

Should Transfer of Rights or Licensing be Preferred?

For a brand to be able to use the content, it is not always necessary to transfer all financial rights completely. The brand may obtain a license to use specific financial rights.

A license grants the brand the right to use the work within the limits specified in the contract, while ensuring that the rights to the work remain with the influencer. A simple license is granted if the license can be extended to others, while a full license is granted to only one person.

In influencer campaigns, a limited licensing model is often more balanced. For example, a brand can use the content in Türkiye for six months on its own social media accounts and website. It may be agreed that the brand will receive separate permission and payment for television, outdoor, in-store screen, or international advertising use.

If a brand requests perpetual, worldwide, and all-channel rights to the content, the economic value of this use differs from the normal sharing fee. A separate copyright or licensing fee must be determined for such use.

Organic sharing and paid advertising should be distinguished

An influencer publishing content on their own account is not the same as a brand turning that same content into a sponsored advertisement.

The following uses must be regulated separately in the contract:

Organic shares on the influencer's account,
Reposting on the brand's own account,
The brand displaying sponsored ads through the content,
Advertising through influencer accounts,
Whitelisting or dark posting practices,
Usage on e-commerce product pages,
Television and digital video advertisements,
Outdoor advertising,
In-store display and catalog usage.

The brand's permission to "repost" the content should not be interpreted as authorization to use the content in high-budget sponsored ads for months. The duration of sponsored use, budget limits, country coverage, and additional licensing fees must be agreed upon separately.

Can moral rights be transferred to a trademark?

The intellectual property rights of an author can be transferred or licensed. In contrast, moral rights are linked to the author's personality and, unlike intellectual property rights, cannot be transferred at all.

Moral rights primarily include:

Deciding whether to make the work public,
Requesting that your name be credited as the author
Preventing unauthorized alterations to the work,
To protect the integrity of the work and the reputation of the author

It consists of their powers.

The brand may obtain limited permission from the influencer to make technical changes required by the campaign. For example, prior permission may be granted to adapt the video to different screen sizes, add subtitles, or shorten its duration.

However, according to Article 16 of the Copyright Law, waiving the right to prevent changes that damage the author's honor and reputation or distort the characteristics of the work is not valid.

Therefore, the contract should not grant the trademark owner the right to "change the content as they see fit"; the possible changes should be clearly limited.

Is it mandatory to mention the influencer's name?

Whether or not the author's name will be displayed in the influencer's content should be stipulated in the contract.

In social media campaigns, the identity of the creator is often identifiable because the content is shared from the influencer's account. However, if the brand uses the content on its own account, in a television commercial, or on store screens, the influencer's name or account may not be visible.

The right to have one's name mentioned is among moral rights. The parties should agree, taking into account the nature of the advertisement, in which uses the name or social media account will be displayed.

Who owns the raw footage and project files?

The final video and the raw footage are not the same thing.

The influencer may have committed to delivering the final video to the brand for release. This doesn't mean they are also obligated to deliver the raw footage, editable project files, unused photos, and alternate shots.

The following points should be separately regulated in the contract:

Whether or not the raw footage will be delivered,
Whether or not the project files will be provided
Whether raw footage can be used to produce new advertisements,
Whether unused footage will be deleted or not,
How long the files will be stored,
Whether an additional fee will be charged for delivery.

Even if the delivery of raw footage has been agreed upon, this delivery does not automatically result in the transfer of intellectual property rights not explicitly stated in the contract.

Music Usage and Music Libraries on Social Media Platforms

One of the most common copyright issues in influencer videos is the use of music.

The fact that a particular piece of music is selectable on a social media platform does not mean that music can be used without restriction in any commercial advertisement. Platform licenses may vary depending on user type, country, account category, and purpose of use.

While an influencer's video may be used organically on their own account, the same video could constitute copyright infringement if used in a brand's sponsored advertisement, television broadcast, or other platform. The digital transmission, reproduction, and processing of musical works are covered by the copyright holder's financial rights.

The contract should specify who selects the music, who obtains the necessary licenses, and whether additional licenses are required if the brand uses the content across different platforms.

It is unfair to place the responsibility on the influencer if the music provided by the brand turns out to be unlicensed. The brand should be held responsible for the materials it provides, and the influencer should be held responsible for the materials chosen by the influencer.

Stock Images, Fonts, Templates, and Third-Party Content

Influencer content may include stock photos, video templates, fonts, graphics, effects, memes, movie scenes, or social media posts belonging to other people.

The fact that material is available online or can be downloaded for free does not mean it can be used in commercial advertising. The licensing terms of the material should be reviewed to determine if they cover advertising, sponsored content, redistribution, and modification rights.

In an influencer contract, the parties must provide separate guarantees on the following points:

They own the rights to the materials they have included in the content,
They did not violate the rights of third parties,
They obtained the necessary licenses,
They will provide their license documents upon request
They will support the other side when an allegation of violation arises.

Rights of Other Persons Appearing in the Image

Advertising content may feature individuals other than influencers. Their images, voices, or performances may raise concerns not only about copyright but also about personal rights and data protection legislation.

For the brand to be able to use the video for an extended period and in different countries, the permissions obtained from the individuals featured in the video must also cover the same areas of use.

Just because an influencer's friend gives permission for their image to appear in a single social media post doesn't mean they've given permission for their image to be used in a television commercial or on product packaging.

Copyright Ownership in AI-Generated Content

In Turkish law, the author is defined as the person who creates the work. The current Copyright Law does not regulate artificial intelligence systems as independent authors. Therefore, whether content produced entirely automatically benefits from copyright protection and who the rights holder is must be evaluated according to the level of human creative contribution. This conclusion is a legal assessment derived from the Copyright Law's definitions of work and author.

If the influencer used artificial intelligence solely as a technical tool and incorporated their own creative preferences into the content, copyright protection may be considered in terms of elements that rely on human input.

The contract also states that;

Whether the use of artificial intelligence is allowed or not,
The commercial terms of use of the system used,
Brand and personal data uploaded to the system,
Using an influencer's face or voice in model training,
Generating new advertisements from content,
Digital copying and voice cloning

The issues should be clearly regulated.

An influencer's granting of general permission for image use should not be interpreted as permission for their face or voice to be reproduced without limit through artificial intelligence.

The Concepts of Delivery and Defects in Contracts for Work

If the content created by the influencer does not comply with the technical and creative requirements of the contract, the provisions of the Turkish Code of Obligations regarding defects in contracts for services may be applied.

The brand must review the content within a reasonable timeframe after delivery and notify the influencer of any defects found. If the work is defective, the business owner may exercise their rights, according to the terms of the contract, to withdraw from the agreement, request a price reduction, or seek free correction. The right to claim compensation is also reserved.

However, a brand's subsequent dislike of the content or change of campaign strategy does not necessarily constitute a defect. The defect lies in the content objectively failing to meet the qualities agreed upon in the contract.

Therefore, the following points must be clearly stated in the contract:

Video duration,
Image and sound quality,
Products and messages to be used,
Delivery format,
Technical resolution,
Advertisement descriptions,
Delivery and release dates,
Revision number,
Approval procedure.

The right to revise and the right to make changes to a work should be separated

Requesting revisions from a brand before content publication is different from unilaterally changing a published work.

The contract may grant the brand a certain number of revision rights. However, cutting, altering the voice, or transforming the approved work into an advertisement for another product without the influencer's knowledge could constitute copyright and personal rights infringement.

In the revision clause;

How many revisions are included in the fee?
Within what timeframe should the revision request be submitted?
Whether changes requiring new shots are subject to an additional fee,
The consequences of subsequently changing the brand brief,
Changes that require influencer approval

It should be noted.

Copyright fees and content production fees should be determined separately

The influencer's fee may only cover the cost of filming and sharing services. However, the brand's reuse of the content, its transformation into sponsored advertising, or its publication in different countries also adds economic value.

Therefore, the contract should ideally include two separate fee items:

Content production and sharing fee: This is the fee the influencer pays for filming, editing, preparation, and sharing the content on their own account.

Copyright or licensing fee: This is the compensation a brand receives for using the content on its own accounts, advertisements, website, or other platforms.

As the usage period lengthens, the number of channels increases, usage becomes international, or the brand claims exclusive rights, the licensing fee should be determined accordingly.

What happens when the usage period expires?

The contract must clearly state the start and end dates of trademark use.

When the license period expires;

Stopping new sponsored advertisements,
Removal of content from the brand's website,
Removing content from active ad panels,
Whether the content will remain as an archive post,
Whether or not the consumption of printed materials will be allowed,
The fee to be paid for the extension

It should be regulated.

The scope and cost of such authorization should be specifically negotiated, as a "perpetual use" clause could completely eliminate the influencer's economic control over their content.

Transfer of Brand Content to Third Parties

The brand may wish to allow its group companies, distributors, dealers, advertising agencies, or media buying companies to use the content it obtains as part of the campaign.

Under the Turkish Copyright Law, written authorization is required to subsequently transfer a financial right or license to a third party. Therefore, the contract must explicitly regulate the sublicensing and re-transfer authorization.

If the phrase "brand and affiliated companies" is used, it must be clearly stated who the affiliated companies are and for what purposes the content may be used. Otherwise, the influencer's content may be used in advertisements for other products or companies with which they have no affiliation.

Can an influencer use the same content elsewhere?

Unless the financial rights have been fully transferred and an exclusive brand license has been granted, the influencer may use the content in their portfolio or for other purposes within the limitations stipulated in the contract.

However, if the content includes the brand's logo, product image, trade secret, or campaign material, the brand and contract terms must also be taken into consideration.

The influencer may reserve the right, under the contract, to use the content in their portfolio, submit it for award applications, publish it on their website, and display it in professional promotional materials.

Is registration required for copyright protection?

Rights under the Copyright Law arise when the work is created. As a rule, registration with an institution is not required for the right to arise.

The optional registration process by the Ministry of Culture and Tourism does not create any rights; however, it can facilitate proving who created the work. Failure to register does not, in itself, lead to a loss of rights.

The influencer and the brand should also keep the following records for evidentiary purposes:

Draft scenarios,
Filming dates,
Raw files,
Emails and text messages,
Revision history,
Project files,
File metadata information,
Approval and delivery records,
Third-party licenses used.

What claims can be made in case of copyright infringement?

Exceeding the usage period stipulated in the contract, unauthorized modification of the content, use in a different product, or sharing without obtaining the necessary financial rights may constitute copyright infringement.

The rights holder;

Detecting the violation,
The violation must stop,
Eliminating the consequences of the violation,
Removal of the content,
Monetary compensation,
Moral compensation,
Giving the earned profit

can request.

According to Article 68 of the Copyright Law, a person who uses a work without the necessary written permission may be charged up to three times the amount that could have been demanded if a contract had been made, or the current market value.

Unauthorized processing, reproduction, modification, distribution, or public transmission of copyrighted material may also result in criminal liability if the conditions stipulated in the law are met. The Ministry of Culture and Tourism states that both legal and criminal avenues can be pursued in cases of copyright infringement.

Just as an influencer whose copyright has been infringed by a brand can have similar claims made against them, third-party rights holders can also file similar claims against the influencer and, depending on the specifics of the case, against the brand if the influencer uses music, images, or videos without permission.

Copyright Clauses That Must Be Included in an Influencer Campaign Agreement

A well-prepared influencer campaign contract should clearly outline at least the following points:

A separate description of the content to be created as part of the campaign,
Identifying the author or copyright holder of each piece of content,
The location of the photographers, cameramen, screenwriters, musicians, and agency staff who contributed to the content,
The influencer's obligation to obtain the necessary rights from third parties,
Whether the trademark rights were transferred or licensed,
Separately indicating the transferred or licensed financial rights
Duration of use, country and platforms,
Separating organic sharing from the use of paid advertising,
Whitelisting and authorization to advertise through influencer accounts
The brand's limits on changing and re-imagining content,
The right to sublicense or transfer the brand to third parties,
Status of raw footage and project files,
Licenses relating to music, stock images, fonts and other third-party materials,
The way the influencer's name and account are mentioned,
Artificial intelligence, voice cloning, and the use of digital copying are prohibited or permitted in certain situations
Separating copyright and licensing fees from content production fees,
Removal and archiving rules when the license period expires,
The responsibilities and obligations of the parties in copyright infringement claims,
Content used in a portfolio by a brand or influencer,
Rights and obligations that continue after the termination of the contract.

An Example of a Rights Exercise Model

A balanced approach to influencer campaigns can be established as follows:

The influencer remains the copyright holder of the content they create. They grant the brand a non-exclusive license to use the content in Türkiye for a period of six months on the brand's own social media accounts and website.

The brand's use of the content as sponsored advertising, its broadcast on television, its distribution to other countries, its use by third parties, or its modification through artificial intelligence is also subject to the influencer's written permission and an additional licensing fee.

The brand may make technical changes, such as adapting to different screen sizes and adding subtitles; however, it cannot alter the influencer's statement, transfer their image to other products, or make edits that damage their reputation.

This model allows the brand to benefit from the campaign while preventing the influencer from completely losing economic and moral control over the work.

Conclusion

In influencer campaigns, paying for content, delivering the content to the brand, or sharing content on behalf of the brand does not automatically transfer copyright to the brand.

The copyright holder is, as a rule, the person who created the work. If the content was created by an influencer, the influencer may be the rights holder; if other creative individuals such as a photographer, director, screenwriter, or composer contributed, they may also be rights holders to their own contributions or to the entire work.

For a brand to use the content, the transfer of financial rights or the license to use must be in writing, and the rights of processing, reproduction, distribution, performance, and public transmission must be separately indicated.

Instead of simply stating "all rights belong to the trademark" in the contract, the usage period, country, platform, sponsored advertisements, re-editing, sublicensing, artificial intelligence, raw footage, and usage fee should be specified in detail.

Since intellectual property rights are not entirely transferable, the use of an influencer's name, potential changes to content, and the protection of their reputation must be regulated separately.

The most effective way to prevent copyright disputes in influencer campaigns is to create a detailed agreement before the campaign begins that separates content creation from content usage and clearly defines the chain of ownership among all contributors to the project.

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