Who Owns Your Content? A Creator's Guide to Copyright on Brand Deals
TORONTO, ON –
You’ve just wrapped a great shoot for a brand. You brought your unique characters, your creative vision, and your audience to the table, and you created amazing content to promote the brand, their products, and their event, and you just know your audience will love it.
But when you check the contract, the ownership clause isn’t very clear… It’s your content, so surely you own it, right? You ask the brand to confirm, but they insist they own the content outright because they paid for it and you filmed it at their event.
This scenario is becoming increasingly common for content creators, influencers, and creative entrepreneurs. As the creator economy matures, understanding and defending your intellectual property (IP) rights is no longer optional; it's essential for building a sustainable career.
At Diverge Legal, we specialize in helping creators navigate these complex negotiations.
This article breaks down the key legal arguments that support your ownership and provides a framework for securing fair terms in your contracts.
License
/ˈlīsns/ (n.)
A formal agreement where you, as the creator and copyright owner, grant permission to a brand to use your content for specific purposes, for a defined period, and in certain locations, without selling your ownership.The Foundation
Who Owns Copyright in Canada?
The single most important principle to understand is found in Canada's Copyright Act: the author of a work is the first owner of the copyright.
For content creators, the “author” is the person or team exercising the skill and judgment to create the content, aka the one filming, performing, writing the script, and editing the final cut.
The main exception to this rule is for work created by an employee in the course of their employment. In that case, the employer owns the copyright by default. However, most content creators are not employees; you are engaged as independent contractors.
This distinction is critical.
As an independent contractor, you are the author and the default owner of your work, unless you explicitly sign away your ownership in writing (hint: don’t).
Debunking Common Arguments for Brand Ownership
Brands unfamiliar with IP law often make several flawed arguments to claim ownership.
Here’s how to counter them effectively:
The Argument: “It was filmed at our event, on our property”
This argument confuses physical property rights with intellectual property rights.
While a brand controls physical access to their event, that does not automatically grant them ownership of the original creative work produced there by an independent party.
Think of it this way: a professional photographer taking pictures in a public park owns the copyright to their photos, not the city. The brand provided the location, but you provided the creative authorship.
The Argument: “Our branding and logos are in the video”
This is another common misconception. The incidental inclusion of a brand's logos or trademarks in the background of your video does not transfer copyright ownership of the entire video to them.
Your video is a new, original work.
The fact that it was created to promote the event makes the inclusion of their branding expected and essential to fulfilling the contract's purpose.
You own the copyright in the video you created; they own the copyright and trademark in their pre-existing branding. One does not automatically absorb the other.
The Power of Your Pre-Existing IP
In many cases, brands contract you specifically because of your unique voice and established IP, such as the beloved characters you have developed. When a brand expressly requests that you feature your own characters, it powerfully reinforces the fact that the core creative elements originate with you.
Their desire to leverage your IP fundamentally undermines any claim they might have to owning the final product that embodies it.
Follow the Money
Price and the Scope of Rights
The commercial terms of your deal provide strong supporting evidence for ownership. Did you offer your services at a discounted rate to accommodate the brand's budget, for example?
The fee for a project almost always reflects the scope of the rights being granted:
A full buyout or assignment of copyright (where you permanently sell your IP) commands a significant fee at fair market value.
A lower, discounted fee is commercially consistent with payment for creative services and a license for a specific use, not an outright purchase of the IP asset itself.
This business context can be a compelling part of your negotiation.
The Solution
Licensing is the Win-Win
Instead of transferring ownership, the industry standard and the fairest solution is licensing.
A license is a formal permission slip. You, the creator and copyright owner, grant the brand the right to use your content in specific ways, for a specific time, and in specific territories.
This approach is the win-win:
The Brand Gets What It Needs: The brand receives a clear license to use the content for its promotional campaign, achieving its marketing goals.
The Creator Retains Their Asset: You retain ownership of your work, allowing you to use it in your portfolio, potentially license it to others in the future (where not in conflict), and maintain control over your valuable IP.
A well-drafted contract will clearly outline the terms of the license, protecting both parties and preventing future disputes.
As a content creator, your intellectual property is your most valuable asset.
The work you create is the foundation of your business and your career. Never assume that payment from a brand automatically means you have given up your rights.
By understanding the principles of copyright ownership and advocating for a licensing model, you can confidently enter into brand partnerships that are both creatively fulfilling and commercially sound.
The team at Diverge Legal is ready to assist you in protecting your creative work. Contact us today.
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More about DIVERGE
Diverge is not just a legal service provider. We’re your partner in building a legally sound and sustainable content creation business. We understand the unique challenges creators face and offer tailored solutions to protect your intellectual property, ensure regulatory compliance, and minimize legal risks.
Whether you’re an established influencer or an emerging creator, Diverge is here to help you focus on what you do best, while we take care of the legal complexities.
Reach out to Diverge today to learn more about how we can support your content creation journey.
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Important Notice: The information in this article is provided for general informational purposes only and is not intended as legal advice. Reading this content does not create a lawyer-client relationship. Always seek professional legal counsel tailored to your specific situation. No part of this article may be reproduced or transmitted, in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, or stored in any retrieval system of any nature, without the express written permission of Diverge Legal.
